Many people assume that proving your spouse was at fault guarantees a better financial outcome in a Texas divorce. A recent appellate decision shows why that assumption can be costly.
Per the published opinion, in W. v. V., No. 01-24-00676-CV, 2026 WL 3126802 (Tex. App.—Houston [1st Dist.] Oct. 20, 2026) (mem. op.), a jury found that the husband committed cruel treatment, adultery, and family violence. The wife received a majority of the marital assets. Yet the trial court also ordered her to pay $75,000 toward her husband’s attorney’s fees, which tipped the overall result in his favor.
The court of appeals affirmed. Although the case came from Washington County, the property-division rules it applies govern every divorce in Texas, including those filed in Dallas County.
As a Dallas divorce attorney with more than 25 years of experience, I find this case useful because it answers questions clients ask all the time:
- Does a fault finding entitle you to a larger share of the estate?
- Can a court order the “winning” spouse to pay the other side’s legal fees?
- What must you do in the trial court to protect your right to appeal?
Case Background: A Fault Verdict and an Unexpected Fee Award
The wife, N.W., filed for divorce. She asked for a disproportionate share of the marital estate and $126,275 in attorney’s fees. The husband, P.V., asked the court to award her nothing and sought $213,190.38 in fees of his own.
The Jury’s Fault Findings
The case went to trial. The jury found that fault grounds existed against P.V. for cruel treatment, adultery, and family violence. The trial court granted the divorce.
The jury decided the grounds for divorce, but the trial court divided the property. That distinction became important on appeal.
The fault findings were significant. Family violence and adultery are serious findings that many spouses expect to translate directly into a larger financial award. Under Texas law, however, the judge decides how much weight fault receives, if any.
How the Trial Court Divided the Estate
Setting fees aside, the trial court awarded N.W. about $36,986 in assets and $29,512 in liabilities. P.V. received about $28,991 in assets and $20,741 in liabilities. On paper, N.W. received the larger share of the assets.
The court then awarded P.V. $75,000 in attorney’s fees, about a third of what he requested, and awarded N.W. none. Because the net marital estate was only about $15,700, the fee award far outweighed everything else. The overall result favored P.V.
The Appeal
N.W. appealed, arguing that the fee award made the division unjust in light of the jury’s fault findings. However, she had not raised any objection or filed any motion in the trial court about the division or the fees.
She also did not argue that the $75,000 fee award itself was unreasonable or unsupported. Her complaint focused on how the fees affected the overall balance of the division, which framed the narrow question the appellate court ultimately decided.
Legal Analysis: Why the Court of Appeals Affirmed
The court’s reasoning turned on three principles: the “just and right” standard, the role of attorney’s fees in property division, and the rules for preserving error.
What Does “Just and Right” Mean in a Texas Divorce?
Texas Family Code § 7.001 requires courts to divide the community estate “in a manner that the court deems just and right.” The division does not have to be equal. See S. v. S., 975 S.W.2d 584, 588 (Tex. 1998).
In M. v. M., 615 S.W.2d 696, 699 (Tex. 1981), the Texas Supreme Court identified factors a court may consider, including:
- Disparity of incomes and earning capacities
- Each spouse’s financial condition, education, and health
- Fault in the breakup of the marriage
- The size of any separate estates
- The probable need for future support
Does Fault Guarantee a Bigger Share?
No. A court may consider fault, but it is not required to. As the Supreme Court explained in Y. v. Y., 609 S.W.2d 758, 762 (Tex. 1980), fault “may be a consideration,” but this “does not mean that fault must be considered in all cases where a divorce is granted on fault grounds.”
Attorney’s Fees as Part of the Property Division
Trial courts may award attorney’s fees as part of the just and right division. See K. v. K., 634 S.W.3d 335, 369–70 (Tex. App.—Houston [1st Dist.] 2021, no pet.). Importantly, these fees are not limited to the prevailing party. P. v. P., 296 S.W.3d 656, 673–74 (Tex. App.—El Paso 2009, pet. denied).
Fees must still be reasonable and supported by evidence. Here, P.V.’s attorney submitted an affidavit with his rates and experience, plus itemized billing records. The court held that this testimony alone could support the award, and N.W. never challenged the fees as unreasonable.
The opinion also notes in a footnote that fees awarded under Family Code § 6.708(c) or § 106.002 work differently. They are an independent judgment, separate from the property division.
Why Preservation of Error Mattered
Under Texas Rule of Appellate Procedure 33.1(a), a party generally must raise a complaint in the trial court and obtain a ruling to preserve it for appeal. Because N.W. filed no objection or motion, the court refused to consider her argument that the trial court abused its discretion.
One exception applies. In a nonjury matter, Rule 33.1(d) allows a party to challenge the sufficiency of the evidence for the first time on appeal. Because the judge, not the jury, divided the estate, the court considered that narrower argument.
The Williams Two-Step Test
In In re Marriage of W., 646 S.W.3d 542, 545 (Tex. 2022), the Texas Supreme Court set out a two-part test for sufficiency challenges to a property division:
- Did the trial court have sufficient evidence on which to exercise its discretion?
- If not, was the division so unjust and unfair as to be an abuse of discretion?
The record contained evidence of asset values, liability values, and reasonable fees. That ended the analysis at step one. As the court put it, “The question before us is not how we would have divided this estate.”
Practical Implications for Dallas Divorces
Dallas courts apply the same rules. The Dallas Court of Appeals has reversed property divisions where the record lacked evidence of property values. See G.z v. G., 331 S.W.3d 864, 869 (Tex. App.—Dallas 2011, no pet.). The lesson works in both directions: build the record at trial, and object before the trial court loses its power to fix the problem.
Frequently Asked Questions About Fault, Fees, and Property Division
Does adultery affect property division in Texas?
It can. Adultery is one of the fault factors a court may weigh under M., but the court has discretion and is not required to award the innocent spouse a larger share.
Can a court order me to pay my spouse’s attorney’s fees even if I win?
Yes. Fees awarded as part of the property division are not limited to the prevailing party. In custody cases, a Dallas child custody lawyer can explain how fees may also be awarded under § 106.002.
Can I appeal a property division I never objected to?
Only in limited ways. Without a timely objection or motion, you may be restricted to arguing that the evidence was insufficient, which is a difficult standard to meet. A no-evidence challenge fails if more than a scintilla of evidence supports the division.
Are attorney’s fees in a divorce paid from the community estate?
It depends on how they are awarded. Fees awarded as part of the just and right division are treated as one piece of the overall property split. Fees awarded under a statute, such as § 6.708(c) in a divorce or § 106.002 in a custody or child support case, are a separate judgment against the other party.
How can I protect myself if the property division seems unfair?
Act quickly after the ruling. Texas trial courts keep the power to change a judgment only for a limited time, so motions and objections must be filed promptly. Talk to a Dallas divorce attorney as soon as you receive the court’s decision, not after the appeal deadline approaches.
Key Takeaways for Dallas Divorcing Couples
- Fault is a factor, not a guarantee. A jury finding of adultery or cruelty does not require a disproportionate division.
- Fees can outweigh the estate. In a modest estate, a fee award can reverse the practical outcome.
- Object in the trial court. Most appellate arguments are lost if they are not raised first.
- Evidence drives results. Property values and fee records must be in the record.
- Budget for litigation. Fees are part of the financial picture from day one.
Whether your case involves a high-net-worth estate or spousal support, these principles apply.
Strategic Insights: What We’ve Learned From This Case
Different strategies might have included filing a motion for new trial or a written objection to the division, challenging the reasonableness of the requested fees, or requesting specific findings about how fault was weighed. Seeking fees under § 6.708(c) as a separate judgment could also have changed the analysis. Every case turns on its own record, but this one shows that post-trial steps can matter as much as the verdict.
Speak With an Experienced Dallas Divorce Attorney Today
At the Law Office of Michael P. Granata, we bring more than 25 years of Dallas family law experience to every case. We give honest assessments rather than false promises, and we communicate transparently about realistic outcomes, including the cost of litigation.
As a Dallas family law attorney, we balance strategy with compassion. We serve Dallas, Irving, Richardson, Garland, Mesquite, DeSoto, Grand Prairie, Lakewood, Highland Park, Cockrell Hill, Lancaster, Seagoville, and Duncanville.
Looking for a “divorce attorney near me,” a Dallas child custody lawyer, or a Dallas child support lawyer? Call (214) 977-9050 to schedule a Dallas divorce lawyer consultation with a Dallas divorce attorney who will protect your interests from trial through appeal. Read more case analysis on our blog.
