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RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
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Ok, legally speaking, if i had a sexual addiction, cheated

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Ok, legally speaking, if i had a sexual addiction, cheated on my wife during a divorce would a judge force me to take all the debt and give her everything as well as pay alimony? she has been working the whole marriage, she chose to switch careers from something paying close to what i made to something that pays half what i make. She took 4 years after marriage to let us have sex, it was about the time that we finally had sex that i first cheated. she never let us have sex more than once every month (she was 24 and i 26) but usually was once every 2-3 months. I know i was wrong in what i did. i am offer to take 70% of the debt, but am mad at her demanding i pay alimony close to $500 a month
Submitted: 7 years ago.
Category: Family Law
Expert:  RobertJDFL replied 7 years ago.

Thank you for your question.

 

No, a sex addiction is not in itself grounds for automatic alimony. There are factors in the Texas code that a court must consider when determining eligibility for alimony. -From §8.001, §8.051, and §8.052, and §8.053 of the Texas Family Code: The court may order maintenance for either spouse only if one of the following apply:

(1) the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence under Title 4 and the offense occurred within two years before the date on which a suit for dissolution of the marriage is filed, or while the suit is pending;

(2) the duration of the marriage was 10 years or longer, the spouse seeking maintenance lacks sufficient property, including property distributed to the spouse under this code, to provide for the spouse’s minimum reasonable needs, as limited by Section 8.054, and the spouse seeking maintenance:

(A) is unable to support himself or herself through appropriate employment because of an incapacitating physical or mental disability;

(B) is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because a physical or mental disability makes it necessary, taking into consideration the needs of the child, that the spouse not be employed outside the home; or

(C) clearly lacks earning ability in the labor market adequate to provide support for the spouse’s minimum reasonable needs, as limited by Section 8.054.

It is presumed that maintenance under section (2) is not warranted unless the spouse seeking maintenance has exercised diligence in:

(A) seeking suitable employment; or

(B) developing the necessary skills to become self-supporting during a period of separation and during the time the suit for dissolution of the marriage is pending.

This section does not apply to a spouse who is not able to satisfy these presumptions because the spouse has an incapacitating physical or mental disability or is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability.

A court that determines that a spouse is eligible to receive maintenance under this chapter shall determine the nature, amount, duration, and manner of periodic payments by considering all relevant factors, including:


(1) the financial resources of the spouse seeking maintenance, including the community and separate property and liabilities apportioned to that spouse in the dissolution proceeding, and that spouse’s ability to meet the spouse’s needs independently;

(2) the education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to find appropriate employment, the availability of that education or training, and the feasibility of that education or training;

(3) the duration of the marriage;

(4) the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance;

(5) the ability of the spouse from whom maintenance is requested to meet that spouse ’s personal needs and to provide periodic child support payments, if applicable, while meeting the personal needs of the spouse seeking maintenance;

(6) acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common;

(7) the comparative financial resources of the spouses, including medical, retirement, insurance, or other benefits, and the separate property of each spouse;

(8) the contribution by one spouse to the education, training, or increased earning power of the other spouse;

(9) the property brought to the marriage by either spouse;

(10) the contribution of a spouse as homemaker;

(11) marital misconduct of the spouse seeking maintenance; and

(12) the efforts of the spouse seeking maintenance to pursue available employment counseling as provided by Chapter 304, Labor Code.

As you can see, not one of the grounds listed in determining to award alimony is the sexual affairs of one spouse during the marriage. A judge would also not force you to take all of the marital debt. Texas is a community property state, meaning debts and assets of the marriage would be divided equally, unless a court found reason to make an unequal distribution.

 

Hope this helps.

 

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