A paramour is a person who is a love or romantic interest of a married person who is engaging in adultery with the paramour. Spouses engaged in adulterous affairs with paramours sometimes give gifts to their paramours, and often spend marital or community property on such gifts. The non-cheating spouse may pursue a reimbursement claim and ask the court to order the spouse who spent marital assets on a paramour to reimburse the marital or community estate—by returning the gift if it retains its value (jewelry) or replacing the funds with the cheating spouse’s separate property funds.
In Texas, adultery can have legal implications in the context of a divorce proceeding. Texas is a 'no-fault' divorce state, which means that a person can file for divorce without proving wrongdoing by the other spouse. However, adultery can still be cited as a ground for divorce and can affect the division of the marital estate. If a spouse has spent marital or community property on a paramour, the non-cheating spouse may have the right to seek reimbursement. Texas Family Code allows for a claim of 'waste' when marital assets are dissipated by one spouse for non-marital purposes, such as gifts to a paramour. During the divorce process, the court may order the spouse who spent the assets on a paramour to reimburse the marital estate. This can be done by returning the gift if it retains its value, such as jewelry, or by compensating the marital estate with separate property funds of the cheating spouse. The outcome of such claims can be influenced by the specifics of the case and the discretion of the court.
