Does Adultery Affect Asset Division in a Texas Divorce?

 Posted on February 11, 2026 in Asset & Debt Division

Finding out your spouse has been unfaithful is devastating. Many people want to know if their spouse’s cheating will give them an advantage in the division of assets during their divorce. This question becomes even more important if you are divorcing a narcissistic spouse who may try to manipulate the situation or hide what they spent on the affair.

The answer is yes – sometimes. Adultery has the potential to affect asset division in Texas. If you are facing divorce after infidelity in 2026, a Fort Worth divorce attorney can help you understand how adultery might impact your settlement.

How Does Texas Divide Property in a Divorce?

Texas is a "community property" state. This means that most property acquired during the marriage belongs to both spouses equally, no matter whose name is on the title or who earned the money to buy it. Community property includes things like:

• Houses and vehicles purchased during the marriage
• Bank accounts and retirement accounts
• Business interests
• Furniture and household items
• Debts acquired during the marriage

Separate property includes anything you owned before the marriage, inheritances you received, and gifts given just to you. Separate property stays with the person who owns it and does not get divided in the divorce.

Under Texas Family Code Section 7.001, the court must divide community property in a manner that is "just and right." This does not always mean a perfect 50-50 split. The judge has discretion to give one spouse more than half of the community property if circumstances justify it.

Can Adultery Change How the Court Divides Assets?

Yes. Texas law specifically allows judges to look at fault when dividing property. If your spouse committed adultery, the judge may award you a larger share of the community estate as a way to balance the scales.

Adultery is one factor among many when deciding what division is "just and right." Other things include the length of the marriage, each spouse's earning capacity, the health of each spouse, and the needs of any children. Adultery can tip the balance in your favor, though, especially in cases with complex property disputes.

Narcissistic spouses in particular often deny or minimize their affairs. They may claim the affair did not hurt anyone or try to blame you for their infidelity. Because of this, having solid evidence of adultery is vital. Text messages, emails, credit card statements, hotel receipts, and witness testimony can all help prove your case.

What if My Spouse Spent Money on the Affair?

This is where adultery can have a big impact on asset division. If your spouse used community funds for their affair, the court can reimburse you or give you more than half the remaining assets.

Community money spent on an affair might include:

• Hotel rooms and vacation trips with the affair partner
• Gifts
• Meals at restaurants
• Rent payments for an apartment used for the affair
• Cash withdrawals that don’t make sense

Do I Have to Prove Adultery to Get a Bigger Share of Assets?

You do not have to prove adultery to get divorced in Texas. You can file for a no-fault divorce based on "insupportability." However, if you want the adultery to affect asset division, you need to prove it happened.

You need to show it is more likely than not that the cheating happened. You do not need video evidence or a confession. Circumstantial evidence like suspicious text messages, unexplained absences, and witness testimony can be enough. Having an attorney to help you gather, organise, and present evidence can be a game-changer for these cases.

Call a Fort Worth, TX Divorce Attorney Today

If you want to make sure you get what you deserve out of your divorce after an affair, you need good legal help.

At The Law Office of J. Kevin Clark P.C., our two attorneys are members of the Texas Bar Foundation and the Tarrant County Bar Association. We know that if you’ve been a stay-at-home parent who sacrificed your career while your spouse spent marital money on an affair, their betrayal can be even more painful. We will do our best to make sure you are compensated for that pain. Contact a Fort Worth divorce lawyer at 817-348-6723 today to schedule your free consultation.