Discovering that your spouse is having an affair is a devastating blow. Your primary concern may be for your children and your future. But as you contemplate a divorce, a critical question arises: Will this infidelity affect your finances?
The answer is yes. While Texas is a no-fault divorce state, it also recognizes several fault-based grounds, including adultery, which can significantly impact the divorce.
How adultery affects “just and right” division
In a Texas divorce, the court must divide community property in a way that is “just and right.” This does not always mean a 50/50 split. A judge has the discretion to consider many factors, including fault in the breakup of the marriage.
If one spouse’s adultery is the reason for the divorce, the court may consider that behavior when dividing the marital estate. This can result in the non-fault spouse receiving a larger or disproportionate share of the community assets. The court’s decision often depends on the specific circumstances of your case.
“Wasting” community funds on an affair
A more direct financial impact occurs when the unfaithful spouse used marital funds to support the affair. This may be grounds for a ‘fraud on the community’ claim under Texas Family Code § 7.009, or a claim for reimbursement to the community estate.
If your spouse spent community money on their affair partner, you may have a right to be compensated. The court typically achieves this by awarding you a larger, disproportionate share of the remaining community estate to account for the wasted funds.
These expenditures might include:
- Expensive gifts or jewelry
- Hotel bills
- Vacations
- Rent for an apartment
Proving these expenditures often requires a detailed financial investigation of bank statements, credit card bills and other records.
Proving the financial impact of infidelity
Suspecting an affair is different from proving its financial consequences in court. Simply claiming adultery is often not enough to influence the property division. You may need to provide concrete evidence of the affair and, more importantly, a clear financial trail showing how community funds were spent improperly.
Because gathering this documentation is a critical step in preparing for your divorce, consider speaking with an experienced attorney. They can help you understand what type of evidence is necessary to support your claim for a just and right division of your estate.