The discovery or revelation that one spouse has been unfaithful to the other can be a devastating betrayal. While many couples work hard to overcome this issue and grow stronger as a result, nearly half of marriages involving affairs do not survive. However, infidelity and divorce are more than just statistics. Often there is something deeper going on in the relationship.
A spouse who strays might already be emotionally separated from his or her spouse. Instead of seeking resolution through counseling or couples therapy, the spouse finds comfort outside the marriage. When this happens to men, about 34% of them end up divorced. When women cheat, however, 47% get divorced. For many, the betrayal is something they just cannot get past.
Does cheating affect the outcome of divorce?
Because Texas and most other states have no-fault divorce, it is not necessary for one spouse to prove the other had an affair to dissolve the marriage. In fact, infidelity could have little bearing on the outcome of most divorces. The exception is when an unfaithful spouse uses marital assets to fund the affair. This often includes spending money on lavish gifts, living expenses or romantic getaways for the extramarital relationship.
Anyone who suspects his or her spouse has used marital funds on an affair partner has a right to seek reimbursement during property division. This may require the assistance of a forensic accountant. At the very least, the representation of a skilled attorney can guide one through the complexities of divorce following infidelity.