A Texas appeals court recently considered a Texas divorce case in which the trial court had unequally divided the parties’ pensions. In that case, the trial court had granted the divorce and divided the community property. In dividing the community property, the trial court awarded each of the parties 100% of their pensions. The husband appealed, arguing that the trial court abused its discretion in dividing the parties’ retirement accounts by awarding the wife 100% of her FERS pension because her pension was more valuable than the husband’s. The husband argued that as a result, the wife was awarded a disproportionate portion of the community estate. The husband argued the division was unfair because it created an overall division of the estate of 62% to the wife and 38% to the husband.
Division of Community Property Under Texas Law
Under the Texas Family Code, a trial court must divide the estate of a married couple in a way “that the court deems just and right.” However, a trial court does not need to divide a community estate equally. An estate may be divided unequally as long as there is a reasonable basis to do so. A court can consider a number of factors, including the difference in the parties’ incomes and earning capacities, the nature of the property, the parties’ physical condition, the parties’ financial obligations, fault in the dissolution of the marriage, their ages, their business opportunities, the size of their separate estates, and their need for future support.