Just & Right Division in Texas Divorce CasesIn a
divorce proceeding, the trial court "
shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage."
Texas Family Code Ann. § 7.001.
1. each party's earning capacity,
2. abilities,
3. education,
4. business opportunities,
5. physical health,
6. financial condition,
7. age, and
8. size of separate estates,
9. any future needs for support,
10. expected inheritance,
11. custody of any children,
12. reimbursements,
13. gifts to a spouse during marriage,
14. fault in the breakup of the marriage,
15. length of the marriage,
16. attorney's fees,
18. any tax consequences.
See, Texas Family Code Ann. § 7.008 (Vernon 2006) (tax consequences); Murff, 615 S.W.2d at 699; Hailey v. Hailey, 176 S.W.3d 374, 380 (Tex. App.--Houston [1st Dist.] 2004, no pet.); Alsenz v. Alsenz, 101 S.W.3d 648, 655 (Tex. App.--Houston [1st Dist.] 2003, pet. denied); Vannerson v. Vannerson, 857 S.W.2d 659, 669 (Tex. App.--Houston [1st Dist.] 1993, pet. denied); Baccus v. Baccus, 808 S.W.2d 694, 700 (Tex. App.--Beaumont 1991, no writ); Massey v. Massey, 807 S.W.2d 391, 398 (Tex. App.--Houston [1st Dist.] 1991, writ denied).