A “homewrecker lawsuit” refers to a civil claim against a third party, someone outside the marriage, who is alleged to have interfered with or destroyed a marital relationship. These claims go by two formal legal names: alienation of affection and criminal conversation. They still exist in a small number of states. Texas is not one of them.
If you’re in San Antonio and wondering whether you can take legal action against the person your spouse had an affair with, the direct answer is no, not in Texas courts. But that’s not the end of the conversation. Texas divorce law gives you real tools to address what infidelity actually costs you, and those tools can have significant weight in a Bexar County courtroom.
The Two Legal Claims Behind the Term
Alienation of affection is a lawsuit against a third party for intentionally interfering with a marriage and destroying the affection between spouses. It doesn’t require proof of sexual conduct. The claim centers on the deliberate damage done to the relationship itself.
Criminal conversation is a separate claim tied specifically to sexual intercourse between a third party and a married person. It’s framed as a civil wrong committed against the other spouse, independent of any emotional interference.
Both claims treat marital fidelity as something with legal protection against outside interference. In states where they survive, they can result in substantial damages awards.
Why Texas Courts Won’t Hear These Cases
The cause of action of alienation of affection is prohibited under Texas law. The Texas courts had concluded the legal system wasn’t an appropriate vehicle for policing romantic interference, and that damages in such cases were too speculative to quantify reliably. The law reflects this. Criminal conversation is similarly unrecognized in Texas courts.
This doesn’t mean Texas law treats infidelity as irrelevant. It means the legal consequences run through the divorce proceeding itself rather than through a separate lawsuit against the third party.
What Texas Law Does Offer: Fault-Based Divorce
Texas is one of the states that still permits fault-based divorce. Under Texas Family Code § 6.003, adultery is a recognized ground for divorce. You don’t have to use it, but it exists, and it carries weight.
Here’s why it matters: under Texas Family Code § 7.001, a Texas court divides marital property in a manner that is “just and right,” with consideration for the rights of both parties. Fault in the breakup of the marriage is a factor a court can weigh in that division. A finding of adultery can and does shift property outcomes in Bexar County proceedings.
It doesn’t function as an automatic financial penalty, nor does it guarantee a larger share. But it puts relevant facts before the judge and gives the court grounds to depart from an equal split when the evidence warrants it.
Dissipation of Marital Assets
Separate from the fault framework, Texas courts also address what happens when one spouse spends marital funds on an affair partner. This is called dissipation of marital assets.
Money spent on a third party, including hotel stays, travel, gifts, and cash transfers, is money that belonged to both spouses under Texas community property law. When one spouse depletes those assets for purposes that had nothing to do with the marriage, a court can account for that in the final division.
Documentation is what makes this argument work:
- Credit card statements showing a pattern of unexplained spending
- Bank records reflecting transfers or cash withdrawals during the period of the affair
- Financial disclosures that don’t reconcile with known household expenses
The more specifically the spending can be traced and documented, the more effectively it can be presented in court.
Which States Still Allow These Lawsuits
A handful of states still recognize alienation of affection claims. As of 2026, those states are limited to North Carolina, Hawaii, Mississippi, and South Dakota, after New Mexico’s Supreme Court abolished the claim in January 2026 and Utah eliminated it through legislation effective May 2026. North Carolina, in particular, has produced high-profile cases with significant jury awards in recent years.
If you have meaningful connections to one of these states, including where the conduct occurred or where you have residency ties, it may be worth asking whether jurisdiction could be established there. That’s a fact-specific question, but it’s not one to dismiss without examining the details.
The Military Dimension in San Antonio
San Antonio’s concentration of active-duty and retired military personnel near Joint Base San Antonio adds a layer that doesn’t apply in most cities.
For active-duty service members, infidelity can be prosecuted as extramarital sexual conduct under Article 134 of the Uniform Code of Military Justice, 10 U.S.C. § 934, which covers conduct prejudicial to good order and discipline. Military consequences can include career impact, administrative action, or court-martial proceedings, all of which operate independently of the civilian divorce process.
If your spouse is on active duty, the civilian divorce proceeding and any military proceedings are separate tracks. What happens on one track can affect strategy on the other, and that intersection requires careful handling.
What to Focus on in Your Bexar County Case
The absence of a homewrecker lawsuit in Texas doesn’t mean infidelity disappears from the picture. It means the picture gets examined inside the divorce case. If your spouse had an affair, the questions that matter most are:
- Whether marital assets were depleted during the affair, and how thoroughly that can be documented
- Whether filing on fault grounds makes sense, given the evidence available
- How the financial profile of your marriage held up during the period the affair was occurring
- Whether any transfers or purchases during that time can be traced and connected
These aren’t abstract questions. They affect how your case is built and what a Bexar County judge ultimately sees.
Contact Our San Antonio Divorce Attorneys at WSM Law Today
Our divorce attorneys work exclusively with women on divorce and family law matters throughout the San Antonio area. If you want to understand what your options look like given your specific situation, we offer free consultations.
Call WSM Law at (210) 942-1951 or contact us online to get started.
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