Does Adultery in Divorce Matter Anymore?

In the ever-evolving landscape of divorce proceedings, the role of adultery has been subject to significant changes. In fact, an extramarital affair might not be as impactful as it once was in divorce cases. However, there are instances where it does matter in a pending divorce case

Adultery in Divorce

Unfortunately, these days, Judges are often somewhat indifferent toward adultery if it doesn’t negatively affect the children involved.  A Judge would be concerned if this person is dangerous, such as engaging in the use of drugs or abusing the children.  Otherwise, the  primary concern for a Judge is the financial aspect of adultery. If one spouse is found to be using community funds to support their paramour or gift items to their paramour, then it becomes significant.

During the discovery phase of divorce proceedings, bank records, credit card statements, and other financial documents are scrutinized by the attorneys. Suspicious expenditures or transfers, like lavish trips and extravagant jewelry purchases for an extramarital partner, can raise red flags. Concrete proof is often also gathered from social media, further cementing the case.  For instance, parties have been “caught” by posting he or she is on a vacation with the paramour and that often tips off attorneys to see how the trip was funded.

What happens when misuse of community funds is identified? 

Spending community funds for an affair can lead to legal action, including pleading for a disproportionate division, reconstitution of the community estate, or even claiming fault in wasting community funds. The objective is to correct the financial imbalance caused by one party’s misuse of shared assets.

The consequences extend to the division of assets and result in a reduction of the at-fault spouse’s portion. Alternatively, the harmed party may be compensated from the sale of property as the marital estate is reconstituted to return the money that was inappropriately spent.

The act of adultery may not be the critical factor it once was in divorce proceedings. Rather, the focus has shifted to the financial implications of an affair. If one party is found to be misusing community funds to support an extramarital relationship, it can lead to significant legal consequences, aimed at restoring financial equity in the divorce settlement. As divorce law evolves, it becomes increasingly essential to understand how infidelity can impact the financial aspects of a divorce case.

Martinez Legal, P.C. is available to serve your legal needs in family law, CPS cases, estate planning and business formations. 

We have two locations to serve you: 1317 E. McKinney Street Ste. 109, Denton, TX 76209 and 204 Walnut Street #103, Decatur, TX 76234. Our phone number is 940-320-2922.