Will the Judge Let It Slide if I’ve Got a Honey on the Side?
NO! In Texas, adultery can be considered by the trial court when determining what assets are awarded to each spouse upon divorce. In “no fault” divorces, Texas trial courts must make a “just and right division” of the assets in the community property estate. Because “no fault” has been alleged by either spouse, trial courts are less likely to consider a spouse’s history of adultery when making a just and right division. However, some Texas courts still take a spouse’s adulterous behavior under consideration in a no-fault divorce. This means that even in a case where adultery hasn’t been alleged as a cause of the divorce, the trial court could still use a spouse’s adultery to limit what assets he or she receives. In a fault-based divorce, or a divorce caused by a certain spouse’s actions (such as adultery), a history of adultery will absolutely be considered by the trial court in determining which spouse receives which marital assets. Finally, a word of caution if you decide to give your mistress or paramour a gift out of the community estate without telling your (then) spouse. Gifts given to someone that are paid for with community property, without the other spouse’s consent, can sometimes be recovered by the aggrieved spouse upon divorce. Depending on the facts, an aggrieved spouse can recover from the ex-spouse or from the girlfriend/boyfriend of the ex-spouse, making it a safer idea to not dabble in gift giving to non-marital sweeties until after the divorce is final.
We are pleased to announce that Mr. Anthony Malley, III has been elected as a member into the American Board of Trial Advocates based on nomination and extremely stringent qualifications...Read More »
As the old saying goes, “[I]n life – only two things are certain: death and taxes.” Unfortunately, marriage isn’t included on that list of certainties, meaning that in the...Read More »
A life insurance policy is a contract between an insurance company and the insured. That being said, a life insurance policy is typically governed by contract law, making the waters...Read More »
Personal Injury Protection (known as PIP coverage) is medical coverage included under an insured’s automobile insurance policy. PIP provides reimbursement for medically necessary expenses related to injuries caused by a...Read More »
“What’s Mine is Yours.” These words should be taken quite literally when it comes to marriage in the state of Texas. Texas is a community property state, which means...Read More »
NO! In Texas, adultery can be considered by the trial court when determining what assets are awarded to each spouse upon divorce. In “no fault” divorces, Texas trial courts must...Read More »