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

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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

Answers:

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

Answered 4 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.


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