If Someone Cheats In Marriage, Do They Lose All Of The Money In a Divorce?  No

 

Speaking as someone who has spent substantial time reading family law in Texas, there is virtually no law that says if someone has an affair, then the other spouse wins the money.

Texas is a community property state, which essentially means that a Judge looks at two spouses as being equal owners of money earned or saved during marriage.

Upon divorce, Texas judges are permitted to give more funds to one spouse than the other, and can consider a myriad of factors in deciding how to divide money, including infidelity or fault in the break up of the marriage.

However, time and time again, as a divorce lawyer, I have witnessed a discrepancy in what a victim spouse of an affair hopes and plans on happening in the divorce division of property and what actually happens.

Judges are numb on the topic of divorce in many cases.  In other words, they are not hurt by the fact that your spouse cheated the way that you are.  They view your spouse as a valid owner of your marital funds just as you are.  If you walk away with 60% of the money while the cheating spouse walks away with 40%, that would be considered a huge win in the spectrum of divorce outcomes in Texas.

However, if you have a valid prenuptial or postnuptial agreement that says in the event of an affair, the victim spouse receives 80% of the marital money, then you would be able to plan on the cheating spouse to experience a financial loss for having cheated.

In other words, Texas judges do not tend to punish spouses who have affairs, but you can contract within the scope of your own marriage to ensure that there is a financial consequence should one spouse violate the marital vows.

 

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