A recent decision from a Texas appeals court consider whether a court equitably divided community property between a couple and also whether the wife was entitled to temporary spousal support. The husband and wife got married in 1991 and separated in 2017. After a trial, the court divided the community property of the couple. The court awarded to the wife a portion of the husband’s retirement benefits, including 100% of the account balance, a portion of another of the husband’s retirement benefits, including 50% of the balance of the account, and a totaled 2014 vehicle.
The court awarded to the husband the remainder of the retirement benefits and a 2016 vehicle and a 2017 motorcycle. The court also awarded the wife over $7,000 in reimbursements and $34,000 for unpaid temporary spousal support. In addition, a judge had previously found that the husband was required to pay temporary spousal support in the amount of $2,000 per month beginning on the date of separation and ending on the day the court signed the default divorce decree. The court later set aside the default decree.
The husband appealed, arguing that the division of community property was unjust and that the judgment for unpaid spousal support was unjust because he did not realize he was supposed to pay spousal support after the default decree was set aside.