Finding out your spouse has been unfaithful can feel like your world has been turned upside down. Anger, hurt, and betrayal are all normal reactions, and all of this may lead to a divorce. In the meantime, it’s not unusual for many angry spouses to also ask, “Can I sue the other woman (or man) for what they did to my marriage?”
The quick answer is no. You cannot sue your spouse’s mistress in Texas just because of the affair.
No “Alienation of Affection” in Texas
Years ago, some states allowed lawsuits called “alienation of affection.” These cases allowed a wronged spouse to pursue the person who interfered in their marriage. Texas tossed that law out a long time ago. Today, you cannot bring a case against your spouse’s mistress or boyfriend for breaking up your marriage.
Even though you cannot sue the other person, adultery can still affect your divorce. Texas is one of the states that allows for “fault-based” divorce, and adultery is listed explicitly as grounds for divorce.
Here is where it can come into play:
- Property division — Judges divide assets in a way that is “just and right.” If your spouse used community money on the affair (like trips, gifts, or hotel stays), the court may award you a bigger share.
- Spousal support — Adultery may be a factor in determining whether support is awarded or denied.
- Custody issues — Affairs do not usually affect custody by themselves, but if the relationship puts your children in a harmful situation, it certainly could matter.
It is natural to want accountability, but Texas law directs that energy somewhere else—your divorce case. Proving adultery can still strengthen your position when dividing property or discussing spousal support. Rather than going after your spouse’s mistress, the smarter move is to work with a family law attorney who can make sure your rights and future are protected.
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Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish is for informational purposes only and does not constitute legal advice. The attorneys at Christman | Daniell believe in tailoring legal advice and solutions to your own personal circumstances.
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