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What if my unfaithful spouse gave me a sexually transmitted disease?

What if my unfaithful spouse gave me a sexually transmitted disease?
Hendershot, Cannon & Hisey, P.C.

Infidelity in relationships is not unusual. By some commonly cited estimates, up to 50 percent of partners in relationships cheat, although some studies put the rate of infidelity much lower. Cheating is frequently a cause of divorce, and it sometimes comes with health consequences from sexually transmitted diseases. If your soon-to-be former spouse gave you a sexually transmitted disease, you may have recourse.

In Texas, the transmission of a sexually transmitted disease is one basis for a marital tort. A tort is an allegation that happens when someone's careless or intentional act causes harm to another person.

A marital tort is a legal claim that is based on behaviors between spouses during a marriage or divorce. A successful marital tort claim can result in damages in addition to the division of property and assets that occurs during the divorce process.

There are numerous other acts that can constitute marital torts, including assault and sexual assault, false imprisonment, invasion of privacy, forgery, fraud, breach of fiduciary duty and infliction of emotional distress.

These are complex claims. An experienced attorney can advise you as to whether your case involves a potential marital tort claim and advise you of the best strategy for your case.

To learn more about marital torts, see our article, "What are marital torts?"