## Facts

- Texas law permits divorce on the no-fault ground of insupportability.  
- Nancy Jane Phillips filed for divorce from James Drew Phillips, alleging insupportability as the only statutory ground for divorce.  
- In the same pleading, Nancy also alleged that James’s conduct amounted to “fault causing the break-up of the marriage” and sought a disproportionate share of the community estate.  
- The case was tried to the court without a jury.  
- At trial, Nancy offered minimal evidence suggesting adultery, and the trial court did not specify which fault ground (if any) James committed.  
- The trial court entered a divorce decree and made written findings of fact, including a finding that James’s fault caused the breakup of the marriage.  
- The trial court awarded Nancy a disproportionate share of the community property (the parties disputed the exact percentage, but both agreed it was unequal).  
- James appealed, arguing the trial court abused its discretion by finding him at fault and using that finding to justify an unequal division, and that the evidence was legally and factually insufficient to support the division.

## Issues

1. May a trial court consider a spouse’s pleaded “fault causing the break-up of the marriage” as a factor in a “just and right” division of community property when the divorce is sought and granted only on the no-fault ground of insupportability?
2. Did the trial court abuse its discretion in making a disproportionate property division based in part on its fault finding, given the evidence presented?

## Decision

- The court held that fault in the breakup of the marriage remains a permissible factor in dividing the community estate if it is pleaded, even when the divorce is granted on insupportability.  
- The court concluded there was some substantive and probative evidence supporting the trial court’s finding that James’s conduct caused the breakup of the marriage.  
- Applying abuse-of-discretion review, the court held the disproportionate division was not an abuse of discretion.  
- The court affirmed the final decree of divorce and the property division.

## Legal Principles

- In a divorce, the trial court must divide the parties’ estate in a manner the court deems “just and right,” having due regard for each party’s rights. (Tex. Fam. Code § 7.001)  
- A community-property division need not be equal; the trial court has broad discretion and may consider multiple equitable factors in determining what is “just and right.”  
- “Fault” for the breakup of the marriage is one factor a trial court may consider in dividing the community estate, so long as fault is pleaded.  
- The availability of a no-fault ground for divorce (insupportability) does not, by itself, bar consideration of fault when allocating community property under § 7.001.  
- Appellate review of a community-property division is for abuse of discretion; evidentiary sufficiency is considered as part of determining whether the trial court had a reasonable basis for its ruling.

## Conclusion

Phillips v. Phillips holds that a Texas trial court may consider pleaded marital fault in making a “just and right” community-property division even when the divorce is based only on insupportability, and the Beaumont Court of Appeals affirmed the disproportionate award because the record contained probative evidence supporting the trial court’s fault finding and resulting division.


Phillips v. Phillips, 75 S.W.3d 564 (2002)