One of the most common reasons for Divorce is infidelity. For most people, they draw the line when their spouse has an affair. That is a deal-breaker for them because fidelity is often included in the wedding vows. 

Even in the age when more people are entering open relationships, many believe that being faithful is required in marriage. Thus, an affair amounts to some form of betrayal or an unfulfilled promised. If your spouse has an affair, it is natural that you may seek out some form of punishment. But will the law provide it?

How Adultery Affects Divorce

Adultery is technically not a crime in itself in Texas. Your spouse will not go to jail because of adultery. Rather, it gains significance during the course of the divorce proceeding. 

Adultery is grounds for a “fault-based” divorce, but would you consider that as a punishment? 

If you will file for divorce and petition for alimony, the judge may find fault on the offending spouse. The judge will take it into consideration. 

It should be noted that there are prevailing conditions before a Texas court awards alimony. If your spouse is the one who provides, then it should be proven that your capacity to earn a regular income has been affected by the divorce.

The length of a marriage is also a consideration, so it is not always available as a means for retaliation. However, if the qualifications are met, then adultery is an added argument. The court will also consider that your spouse may have spent part of the income that should have been allotted for you and the children in the course of the affair. 

The Damage Caused by the Affair

Divorce is already damaging in itself, and you should be reminded that you are not responsible for the resulting separation simply because you could not tolerate your spouse’s infidelity. Which is why there is also hope for you to gain some equity. 

Alimony may be conditional, but the distribution of property is not. While there is the prevailing principle of community property, the court is not obliged to divide the property in half. In other states, the offense of the spouse is not a factor, but Texas courts understand that in some cases, the petitioner is a victim. 

It is not just physical domestic abuse, but also the mental and emotional damage caused by an affair deserves some form of repatriation. 

The consideration of an offending party does not extend to custody and visitation rights, though. Unless there is proof of neglect or abuse, adultery will not reduce or eliminate a spouse’s right with the children. 

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