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Texas Law - Does Fault Affect Alimony? Marital misconduct is one of the factors the court may consider in awarding alimony. Section 3.9603. Cases: Smith (1992) 836 SW2d 688 (Husband admitted to adulterous affair, which he would not give up and continued to carry on. The trial court divided the assets unevenly, because the husband had a greater earning power than the wife, and because of the husband's "admitted and unrepentant fault." The appeals court said that fault was used to explain the breakup of the marriage, not to punish the husband. It said that if the fault ground had been used to punish the husband, then the trial court would have erred.)
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