Does Cheating Affect Spousal Support?

Does Cheating Affect Spousal Support?

Adultery & Divorce

When a couple is divorcing, one of the issues they will need to resolve is whether or not spousal maintenance, also called spousal support or alimony, will be part of the divorce settlement. While some couples may be able to reach an agreement regarding a fair spousal support amount on their own, others will need to turn to the courts for intervention and assistance. If your case goes before a court, here is what you need to know about how adultery may affect your spousal support award.

How Does a Court Determine Whether or a Not a Spouse Should Receive Alimony?

According to Texas Family Code, the court may order either spouse to pay maintenance to the other when the spouse seeking maintenance lacks sufficient property or/and assets to provide for their reasonable needs. That being said, how much maintenance a spouse is able to receive is based on a number of factors, including:


  • The ability of each spouse to meet the maintenance-seeking spouse’s needs;
  • The income, education, employment, and training of each spouse;
  • The duration of the marriage;
  • Excessive or abnormal expenditures;
  • Contributions by a spouse as a homemaker;
  • History of abuse/violence; and
  • Any marital misconduct.

Based on the statute, cheating may affect a spouse’s ability to receive spousal support. Proving adultery does not automatically make a spouse eligible for alimony, but it may affect the amount they can receive, especially if the adultery was associated with excessive or unreasonable spending.

Evidence Used to Prove Adultery in a Divorce

It is important to remember that in the digital age, there may be a lot of available evidence that can be used to prove adultery, whether you are the spouse accused of adulterous behavior or the one trying to prove that your spouse cheated. Evidence that can be admitted to the court includes emails, bank statements, text message, social media messages and activities, plane tickets, receipts, witness statements, and more.

The extent that adultery may affect a spousal support award can vary on a case-by-case basis, and is affected by things like when the adulterous behavior began, who committed the adultery (the maintenance-seeking party or the party from whom maintenance is being sought), and more. Our lawyers can help you to understand the effect that cheating may have on your case.

Reach Out to Our Pearland Spousal Support Lawyers Today to Learn More

To learn more about how adultery can affect a spousal support order in Texas, as well as other elements of a Texas divorce such as division of property and child custody, please call our Pearland spousal support lawyers at the office of Scott M. Brown & Associates. We have a team of seasoned family law attorneys who will advocate for you and fight for your best interests. Reach us today by phone or online to get started.

Share this Post!
Texas Family Law Attorney

Call Us Today!

(979) 652-5246