One of the most devastating things that can take place in a marriage is if one spouse cheats on the other. Whether the cheating was a one-time event, a long-term affair, or a pattern of behavior, infidelity destroys the trust that the couple had for each other and crumbles the foundation of the marriage. Many marriages are unable to survive the transgression(s). The question many injured spouses have is how or will the other spouse’s cheating impact the outcome of the final divorce decree. The following is a brief overview, but for more detailed information regarding your specific circumstances, it is important to consult directly with a Collin County divorce attorney.

Does Cheating Affect the Division of Assets?

Texas is a community property state, meaning that the marital estate will be divided in a 50/50 split. Although the court cannot punish a cheating spouse by awarding them less of their share of the marital estate, there may be situations where the court can hold the spouse financially responsible if it can be shown that marital funds were used for cheating. This is legally referred to as “dissipation of marital assets.”

If the cheating spouse used marital funds to pay for gifts, trips, hotel rooms, meals, or other expenses, half of the total spent could be awarded to the injured spouse. For example, if the cheating spouse spent $10,000 of marital assets for their affair, then $5,000 would come off the top of the total amount of the marital estate and be given to the injured spouse. The balance left over would then be subject to the division of assets between the two.

Social media has become such a major part of many people’s lives, but it can also play a significant role in divorce proceedings. In some cases, the opposition in a divorce may exploit social media platforms to gain an advantage or further their interests. If you are going through a divorce and have social media accounts, it is important to be aware of how your accounts could be used against you. To ensure you are protected, speak with a seasoned divorce attorney.

Gathering Evidence

Social media platforms provide a treasure trove of information that can be used as evidence in a divorce case. Your spouse’s legal team may scour your social media profiles to find posts, check-ins, photos, or videos that can be taken out of context or used to support their claims. For example, they may use posts showing lavish vacations or expensive purchases to argue against your financial need or claim that you are an unfit parent based on questionable behavior displayed online. This also includes any photos or videos your friends and families post that you are in.

Monitoring Activities

Social media allows the opposition to monitor your activities and interactions. They may keep a close eye on your posts, comments, and connections, looking for any information that can be used against you. For example, they may use evidence of new romantic relationships or questionable behavior to influence child custody decisions or division of assets.

In a Texas divorce, assets and property are divided under community property laws. This means that marital property is divided equally. Generally, marital assets include assets acquired during the marriage. Non-marital assets – also referred to as separate – are usually excluded from the division and stay with the spouse that originally “owned” the asset. If you are going through a divorce, it is important to understand how courts qualify assets and property and what this may mean for your financial future. The following are some of the assets that could be deemed non-marital assets.

Assets or Property Acquired Before the Marriage

Assets acquired by either spouse before the marriage are generally considered non-marital property. For example, if one spouse owned a house or had investments prior to the marriage, those assets would likely be considered non-marital.

However, if during the marriage, the other spouse’s income contributed to the mortgage, maintenance, and other expenses for the property, then the court could decide the property is a marital asset and subject to community property division.

Spousal support, also known as alimony or spousal maintenance, is a legal arrangement where one spouse provides financial assistance to the other spouse after a divorce or separation. Years ago, it was almost guaranteed that in a divorce, the husband would be ordered to pay the wife alimony. However, that “guarantee” is no longer the case, and judges only award alimony under specific circumstances. And it is no longer just the husband who pays alimony – there are many divorces today where the wife is ordered to pay the husband.

The following are some of the common factors that judges consider when there has been a request for alimony payments.

Standard of Living

The court considers the standard of living established during the marriage. If one spouse is unable to maintain a similar standard of living after the divorce, spousal support may be awarded to help them transition and adjust financially.

When a couple makes the decision to end their marriage, there are many issues that they need to address. One of the most complex of those issues is the division of assets. Part of those assets often include retirement accounts, such as 401(k)s, IRAs, and pensions. These accounts can be a significant part of a couple's financial portfolio, and they can be particularly difficult to divide because of their tax implications and complex rules. The following information is a brief overview of how retirement accounts are addressed in divorce. For more detailed information, speak with an experienced divorce attorney.

Marital Estate

Under Texas family law, retirement accounts are considered marital property if they were acquired during the marriage. This means that they are subject to division in a divorce. However, the specific rules and procedures for dividing retirement accounts can vary depending on the type of account it is. Retirement accounts are different than regular savings and checking accounts and funds cannot just be withdrawn at any time.

Because of the regulations that are associated with retirement accounts, any division of the account between the spouses is done under court order. This order is referred to as a qualified domestic relations order (QDRO).