How does a Texas wife commuting adultery affect community property and alimony for the husband?

UPDATED: Sep 30, 2022

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How does a Texas wife commuting adultery affect community property and alimony for the husband?

Couple married over 30 years, first 25 the wife did not work. Husband is over age
65, wife 11 years younger. Wife did not work until husband retired. Wife has been
committing adultery, husband has not. How will this affect the community property,
and will husband be able to keep the house and get alimony?

Asked on July 8, 2016 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Texas is what is called a 'no fault' divorce state... however, parties are permitted to allege fault in the divorce.  One of the basis of fault is adultery.  Many people are very emotionally hurt by adultery issues, but don't realize that it has become such a common theme in divorce courts that most judges have become almost desensitive to the issue of adultery.  The exception is when there is a harm.  One example of a harm would be when the offending spouse makes excessive gifts to their boyfriend/girlfriend.  When an innocent spouse can prove adultery plus a harm, then the judges are more than likely to award a larger share of the community estate to the innocent spouse. 
The amount of any award such as this is not a precise formular.  It is based on the judges discretion.  Visit with family law attorneys in your jurisdiction to get a better feel of how your judges react to the adultery facts specific to your case and jurisdiction.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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