How Do Courts Determine What’s Fair? – Property Division in Divorce

Everyone knows that property gets divided in a divorce. Buy how? What is the outcome based upon?

In a Texas Divorce, the Judge is obligated to make a “just and right equitable division” of the community estate. The Judge is supposed to do what is fair, considering the facts. But what facts can the Judge consider?

Here are a few:

  1. The age of the parties;
  2. The health of the parties;
  3. The needs of the parties;
  4. The income of the parties;
  5. The earning capacity and opportunities for future wealth and income of the parties;
  6. The separate estate of each party;
  7. The debts and liabilities of the parties;
  8. The custody of any children of the marriage;
  9. Any adultery committed during the marriage; and
  10. Any cruelty by either party to the marriage.

What is interesting about many of these factors is the way that they can cut either way. For example, a significantly older spouse can argue, “I need more of the estate, because I don’t have many more years to earn.” With the same set of facts, the younger spouse can argue to the older, “You don’t need as much money as I do, because you are not going to have as many years of life left that you need to pay for.”

Property division can be tough in a divorce. Knowing what facts matter can help you help your attorney.

If you would like to discuss your situation with the attorneys at Beal Law Firm, you can reach us at, call 817.919.3616 or 214.414.0418 or find us at

Author: beallawfirmblog

This Blog is operated by the Beal Law Firm, PLLC. The attorney responsible for this is Eric Beal, Senior Attorney and Founder of the Beal Law Firm.

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