Adultery is a common cause of divorce in Texas. When one spouse has committed adultery, a court may consider this when ordering alimony. While Texas allows “no-fault” divorces, plaintiffs may allege grounds for divorce, including adultery. If you are facing a divorce because of adultery, a Corpus Christi divorce lawyer may be able to help.
Alimony is also called spousal support. It may be awarded when the ability of one spouse to earn an income has eroded during the marriage because he or she was taking care of the household. Judges in Texas may award alimony if the one of the following factors are met:
1. The requesting party cannot work because he or she is disabled;
2. The requesting party cannot work because he or she must care for a disabled child;
3. The parties have been married for at least 10 years and one party cannot earn enough for basic expenses; or
4. The spouse being asked to pay alimony has committed domestic violence against the requesting spouse within the 2 years prior to the filing of the complaint for divorce.
Adultery committed by one or both parties during the marriage is just one of the many factors a judge may consider when making a determination on whether or not to order alimony. A judge must also consider the education of the requesting party, the ability of each party to independently earn an income, the length of the marriage, contributions to education, contributions to keeping up the home and any misconduct by either party.
A Texas court may deny alimony if the requesting spouse committed adultery during the marriage, even if it occurred after the parties separated. A court may also consider adultery of the spouse being asked to pay alimony if the adultery lead to the breakup of the marriage.