Egregious Conduct and Equitable Distribution in Divorce

Equitable Distribution in Texas Divorce Cases

Texas law mandates that when a married couple divorces, their community property will be subject to fair and equitable distribution. Any property that is designated as separate via an agreement or owned by an individual before getting married will remain separate. Typically, most property acquired during the course of a marriage is classified as community property, with a few exceptions, such as gifts, personal injury damages awards, and inherited property. It's important to note that equitable distribution does not necessarily imply that property will be divided equally between the parties. Instead, it means that the court has the authority to distribute community property in a manner that is deemed reasonable and just.

Effects of Egregious Conduct on Equitable Distribution in Divorce

A court considers various factors when determining the division of property, and while it is usually equal in no-fault divorces, that is not necessarily the case in fault-based divorces. In a fault-based divorce, the court may consider the conduct of the offending spouse and make a disproportionate distribution of the marital estate. The court has broad discretion in determining what is a fair division of community property, and its rulings are generally upheld unless they clearly deviate from the law or accepted standards. Egregious conduct, such as adultery, abandonment, cruelty, or domestic violence, can support an unequal division of community property. Other factors that may be considered are the benefit the innocent spouse may have received if the marriage had continued, the health and earning potential of the spouses, and their debt and liabilities.

Speak with an Experienced Divorce Attorney

When one spouse engages in egregious conduct, it can have negative consequences for both parties in terms of property division and other assets during a divorce. If you are considering ending your marriage, seeking legal advice from a qualified attorney is crucial to understanding your options. At Wilson Whitaker Rynell, our experienced lawyers can help you collect and present the necessary evidence to increase your chances of achieving a favorable outcome. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.