Marital misconduct refers to actions by one spouse that violate the trust and duties of a marriage. In Texas, misconduct can significantly affect divorce proceedings and issues like property division, alimony and child custody.
While Texas is a no-fault divorce state, the presence of marital misconduct can still influence many of the court’s decisions.
Types of actionable misbehavior
Certain types of misbehavior are examples of marital misconduct in Texas and can affect the outcome of a divorce. Some examples include:
- Adultery: Engaging in an extramarital affair is one of the most common forms of marital misconduct
- Cruelty: Cruelty involves physical or emotional abuse that makes living together intolerable
- Abandonment: When one spouse voluntarily leaves the marital home with no intention of returning for at least a year, it may be an act of abandonment
- Substance abuse: Drug or alcohol addiction can affect a marriage by causing financial instability or creating an unsafe environment
- Financial misconduct: Hiding assets, spending marital funds irresponsibly or wasting joint resources could be examples of financial misconduct
These wrongful acts are examples of actionable misbehavior because they are valid grounds for a spouse to seek a fault-based divorce even in a no-fault state like Texas.
Impact on property division and spousal support
Marital misconduct may result in an unequal division of property or affect the granting of spousal support. Courts consider the behavior of both spouses when determining what is fair. The spouse affected by the misconduct may receive a greater share of marital assets or financial support. While Texas courts generally strive for equitable solutions, they may penalize misconduct by awarding more favorable outcomes to the innocent spouse.
If you experienced marital misconduct during your marriage, simply getting a divorce might not seem sufficient for holding your spouse accountable. Providing evidence of their actionable misbehavior can go a long way toward achieving an outcome that reflects what both sides deserve.