When you found out your spouse had been cheating, you thought that was the end of it—marriage over, move on, start fresh. You filed for divorce, thinking that at least you’d walk away with some dignity. But then came the real gut punch: You were told that you might have to pay spousal support, also known as alimony or spousal maintenance.
After everything your spouse did wrong, can you be forced to pay alimony even if your ex cheated on you?
This is a question that frequently arises. You find out your spouse was unfaithful, the marriage ends, and now you’re being told you might still have to pay them alimony. It feels so wrong. But here’s the reality: in Texas, cheating by your ex-spouse doesn’t automatically exempt you from paying alimony.
Fault Matters—But It’s Not Everything
Under the Texas Family Code (Ch. 8, Sub B, Sec. 8.052.10), the court can consider adultery when deciding whether to award spousal maintenance. But it’s just one factor among many. The court will also consider the length of the marriage, each spouse’s financial situation, ability to earn an income, education, age, and health.
If your spouse cheated, that can weigh against them, but it won’t necessarily cancel their eligibility for spousal support.
So, Can You Be Forced to Pay?
The answer is yes. If your spouse meets the legal criteria for spousal support, then the court will likely order you to pay even if they were unfaithful. Asset division, child support, custody, and, yes, spousal support are set at the court’s discretion. Adultery on the part of your spouse may help your case, but it doesn’t guarantee that you won’t have to pay. Texas courts focus more on financial need and ability to pay, rather than who was at fault, in determining compensation.
If you’re worried about being stuck with spousal support after a painful divorce, consult a competent attorney like the caring team at Christman | Daniell Attorneys. They have the knowledge and experience to present your best case.
Please Call Christman | Daniell for Your Legal Needs Today!
Looking for family law services in Texas? Christman | Daniell is your premier choice with years of experience and a deep understanding of the legal landscape. Our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell to provide compassionate and effective representation for all your family law needs throughout Collin County.
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