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Does adultery affect spousal support decisions?

On Behalf of | Jan 14, 2025 | Family Law |

Divorce is rarely easy, and accusations of infidelity can make it even more painful and complicated. If you are going through this, you might be wondering about the impact of adultery on spousal support. Does it carry significant weight, or is it just a minor consideration?

Adultery is not a direct consideration in spousal support decisions

The court’s primary concern when deciding on spousal support is ensuring that both parties are financially secure after the divorce. To achieve this, the court examines various factors, including:

  • The financial resources and needs of each spouse
  • The education and earning capacity of each spouse
  • The length of the marriage
  • The age and health of each spouse
  • The marital contributions, including homemaking services
  • Any history of family violence

Texas is a “no-fault” divorce state. This means you do not need to prove wrongdoing to get a divorce. Yet, adultery can affect the division of property and support. The judge may see adultery as a sign of marital misconduct, which could sway their decisions.

Suppose one spouse spent significant marital funds on an extramarital affair. In that case, the court could grant the other spouse a greater portion of the assets or higher spousal support. On the other hand, the court may choose to ignore a spouse’s infidelity if it finds that it does not significantly impact the financial situation of the parties.

Having a legal professional in your corner is crucial

Divorce is a difficult chapter. Let an experienced attorney help you write it fairly. Your attorney can advise you on your situation’s most effective course of action and represent your interests in court or during negotiations.