Adultery and Texas Law: Is Cheating a Crime, and How Does It Affect Divorce, Alimony, and Property Division?
Finding out that a spouse has been unfaithful can be heartbreaking. Whether you’ve suspected it for a while or just recently discovered the betrayal, it can leave you feeling angry, confused, and unsure of what to do next. If you’re considering divorce, you may also be wondering, “Is adultery a crime in Texas? Will my spouse face legal consequences? Will this affect my divorce settlement?”
These are all important questions, and the answers can help you navigate this difficult time with clarity and confidence. While adultery is not a crime in Texas, it can have legal consequences—especially when it comes to divorce, alimony, and property division. Understanding how the law views adultery can help you make the best decisions for yourself and your future.
Let’s break it all down.
Is Adultery a Crime in Texas?
When you’re going through the pain of infidelity, it’s natural to want some form of justice. You might wonder, “Can my spouse be punished for cheating?” or “Does Texas have laws against adultery?”
The short answer? No—adultery is not a crime in Texas. Unlike some states where infidelity still carries legal penalties, Texas does not prosecute people for having affairs. However, that doesn’t mean adultery has no legal consequences. If infidelity leads to divorce, it can still play a role in how things like property, alimony, and financial support are handled.
Let’s take a closer look at how adultery can affect a divorce case.
Texas Law on Adultery
Unlike some states that still have criminal laws against adultery, Texas does not treat infidelity as a criminal offense. In other words, a cheating spouse cannot be arrested, fined, or charged with a crime simply for engaging in an extramarital affair.
Does Adultery Have Legal Consequences in Texas?
Even though adultery is not a criminal act, it can still have legal consequences—especially in divorce cases. If one spouse can prove that the other engaged in adultery, the court may consider this misconduct when dividing assets, awarding alimony, or determining parental rights.
Moral and Religious Views vs. Legal Reality
Many people believe adultery should carry legal consequences due to moral or religious reasons. While courts do recognize the emotional harm caused by infidelity, they focus on how adultery impacts the financial and legal aspects of divorce, rather than punishing a spouse for moral wrongdoing.
How Adultery Affects Divorce in Texas
If you’re dealing with infidelity and considering divorce, you may be wondering how it will impact your case. Texas allows no-fault divorces, meaning you don’t have to prove wrongdoing to end a marriage. However, Texas also allows fault-based divorces, and adultery is one of the grounds for filing.
So what does that mean for you? If you can prove that your spouse cheated, the court may take that into account when making decisions about financial settlements and property division.
Understanding the difference between no-fault and fault-based divorce can help you decide which route to take and how to best protect your interests.
Texas as a No-Fault Divorce State
Texas allows for no-fault divorce, meaning neither spouse needs to prove wrongdoing to end the marriage. A spouse can simply state that the marriage has become “insupportable” due to conflict or irreconcilable differences.
However, Texas also allows fault-based divorce, meaning a spouse can claim adultery as the reason for the divorce and present evidence of the affair in court.
Adultery as Grounds for a Fault-Based Divorce
If a spouse files for divorce on the grounds of adultery, they must prove that an extramarital affair took place. This can impact decisions on property division, alimony, and financial support.
How to Prove Adultery in a Texas Divorce
To use adultery as a factor in divorce, you need convincing evidence. This could include:
- Text messages, emails, or social media conversations that show an affair
- Hotel receipts, credit card statements, or bank transactions linked to a relationship outside the marriage
- Witness testimony from friends, private investigators, or other sources
While suspicion of adultery isn’t enough, strong circumstantial evidence can be used in court.
How Adultery Affects Alimony (Spousal Support) in Texas
One of the biggest concerns people have after infidelity is spousal support—also known as alimony. If you’re the faithful spouse, you may be asking:
- “Does adultery mean I won’t have to pay alimony?”
- “Can I get more financial support because my spouse cheated?”
If you’re the spouse who had an affair, you may be worried about whether this will prevent you from receiving alimony.
Texas law does allow judges to consider adultery when deciding spousal support, but it’s not the only factor in the decision. In some cases, the cheating spouse may still receive support if they have a financial need. Understanding how adultery impacts alimony can help you prepare for negotiations.
Does Adultery Impact Spousal Support?
Texas courts do consider adultery when awarding spousal support (alimony). If the cheating spouse is the one requesting alimony, their infidelity could be used against them—potentially reducing or eliminating their right to receive financial support.
Can an Unfaithful Spouse Still Receive Alimony?
Even if adultery occurred, a court may still grant spousal support if:
- The cheating spouse lacks financial resources to support themselves
- The marriage lasted 10+ years and the requesting spouse cannot work due to disability or caregiving responsibilities
While adultery is a factor, it’s not the only thing courts consider when awarding alimony.
How Adultery Affects Property Division in Texas
Dividing assets during a divorce can already be stressful, but when adultery is involved, it can get even more complicated. Texas follows community property laws, meaning marital assets are usually split equally between both spouses. However, if one spouse committed adultery, the judge may award the faithful spouse a larger portion of the assets.
Why? Because Texas courts recognize that infidelity often leads to financial misconduct—like a spouse spending marital money on their affair. If your spouse used joint funds to support their relationship, you may be entitled to a greater share of marital property.
Let’s explore how adultery can affect property division and what steps you can take if your spouse wasted marital assets on an affair.
Texas is a Community Property State
In Texas, marital assets are usually divided equally between both spouses in a divorce. However, if one spouse committed adultery, the judge may award a larger share of the marital assets to the faithful spouse—especially if the affair caused financial harm.
Wasteful Dissipation of Marital Assets
One of the biggest concerns in adultery cases is “wasteful dissipation”—when a cheating spouse spends marital money on their affair. This could include:
- Paying for vacations, gifts, or expensive meals for their lover
- Using marital bank accounts to support their extramarital relationship
- Taking money from joint savings to fund their affair
If a spouse can prove that marital funds were used for an affair, the judge may award additional assets to the innocent spouse to compensate for the financial loss.
Can You Sue for Adultery in Texas?
When you’re dealing with the pain of betrayal, you might wonder, “Can I take legal action against my spouse for cheating?” or even “Can I sue the person they cheated with?”
Some states allow alienation of affection lawsuits, which allow spouses to sue the person who broke up their marriage. However, Texas does not recognize these lawsuits. This means that while you can’t sue for adultery, you can use evidence of infidelity to your advantage in a divorce case—especially when it comes to financial settlements.
Let’s take a closer look at what Texas law does and doesn’t allow when it comes to adultery lawsuits.
Can You File a Civil Lawsuit Against a Cheating Spouse?
No. Texas law does not allow a spouse to sue their partner for the emotional distress caused by adultery. Divorce is the only legal remedy available.
Alienation of Affection and Criminal Conversation Laws
Some states allow lawsuits against the third party involved in an affair (such as the cheating spouse’s lover), under laws known as “alienation of affection” or “criminal conversation.”
However, Texas does NOT recognize these types of lawsuits. You cannot sue your spouse’s affair partner for “stealing” your spouse or breaking up your marriage.
The Role of Adultery in Child Custody Cases
One of the biggest fears parents have is how divorce and infidelity will affect their children. You may be wondering, “Will my spouse’s affair impact custody?” or “Can I lose custody because I had an affair?”
The good news? Adultery alone does not determine custody. Texas courts focus on the best interests of the child, meaning that unless the affair directly harms the child, it likely won’t affect custody decisions.
However, there are exceptions. If the cheating spouse’s new partner poses a risk to the child, or if the affair created an unstable home environment, the judge may consider that when making custody decisions. Understanding how courts view adultery in custody cases can help you protect your rights as a parent.
Does Adultery Affect Child Custody Decisions?
Texas family courts focus on the child’s best interests when making custody decisions. Adultery alone does not automatically impact child custody unless the affair had a direct effect on the child’s well-being.
When Adultery May Impact Parenting Rights
In some cases, adultery can negatively impact custody if:
- The cheating spouse exposed the child to unsafe environments
- The affair created neglect or instability in the child’s life
- The unfaithful parent introduced a new partner too quickly and it negatively affected the child
However, unless the affair directly harms the child, adultery does not typically determine custody outcomes.
Conclusion
Going through a divorce is already painful, and dealing with adultery makes it even harder. While adultery is not a crime in Texas, it can impact your divorce settlement, especially when it comes to property division, spousal support, and financial fairness.
If infidelity is a factor in your divorce, it’s important to have a legal strategy in place. An experienced attorney can help you gather the right evidence, protect your assets, and fight for a fair outcome.
At The Law Office of Nida Din PLLC, we understand the emotional and financial toll of divorce after adultery. We are here to advocate for your rights and help you move forward with confidence.
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