Texas Divorce Law...

Texas Law - What Factors Do Courts Consider in Property Division

The court may considers the following factors in making the property division:

• The ages of the parties.
• The education of each party.
• The earning ability of each party.
• The need of a homestead for children.
• The physical condition of each party.
• Business opportunities available to each party.
• Attorneys' fees incurred by each party.
• The amount of the parties' separate assets.
• The fact that one spouse may have abandoned his or her career in order to make a home for the other spouse and the family.

Cases:

Finch v.Finch, 825 S.W. 2d 218 (1992) (citing in addition the following factors: benefits each spouse would have received had the marriage continued; the parties' financial condition and obligations; the sizes of the separate estates; the nature of the property; disparities in the parties' earning abilities and incomes; fault in the breakup of the marriage).

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