Roberts v. Roberts

531 S.W.3d 224
CourtCourt of Appeals of Texas
DecidedMay 10, 2017
DocketNo. 04-16-00170-CV
StatusPublished
Cited by32 cases

This text of 531 S.W.3d 224 (Roberts v. Roberts) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roberts v. Roberts, 531 S.W.3d 224 (Tex. Ct. App. 2017).

Opinion

OPINION

Irene Rios, Justice

Introduction

This is the second appeal from a divorce proceeding between Martin Roberts, and Margaret Roberts. In the previous appeal, this en banc Court affirmed in part and reversed in part the trial court’s order of divorce decree. This Court remanded the cause to the trial court for determination of “a just and right division of the marital estate and proper spousal maintenance determination.” See Roberts v. Roberts, 402 S.W.3d 833, 840-41, 843 (Tex. App.-San Antonio 2013, no pet.).

Following remand, the trial- court entered an “Order, on Issues Remanded by the Fourth. Court of Appeals” (Remand Order),.. Martin appeals, complaining the trial court abused its discretion in its division of the community estate and ,in its award of spousal maintenance to Margaret, .We reverse .the .trial- court’s Remand Order with regard to its division of the community estate and remand for determination of a just and right division, Wé reverse the trial court’s Remand Order with regard to its award of spousal maintenance. We modify the ■ divorce • decree to remove the award of spousal maintenance and affirm this portion of the divorce decree as modified.

Background

Martin and Margaret married on March 8, 1997, and had two children together. Martin filed for divorce in 2009, In 2010, the case went to trial before a jury on a single issue of geographical restriction of Margaret’s residence sought by Martin. The trial court heard the remaining non-jury issues, which included possession of and access to the children, characterization and division of property, and spousal maintenance. In the first trial, the trial court ordered a disproportionate division of the marital estate and ordered Martin to pay spousal maintenance in the amount of $1,550 per month for thirty-six months and $1,000 per month for an indefinite period thereafter. The trial court awarded Margaret her separate property reimbursement claim for $41,000 and fulfilled this reimbursement through the equity in the marital'residence that' was awarded to Margaret. Martin appealed.

In the first appeal, this en banc Court affirmed in part-and reversed' in part the trial court’s order, concluding that $32,000 was mischaracterized as separate property. The en banc Court remanded the cause [227]*227for determination of a just and right division of the marital estate in light of this conclusion and of spousal maintenance in light of the trial court’s division of the community property. See Roberts, 402 S.W.3d at 837-39.

Upon remand, the trial court determined “only $9,000 of the original $41,000 claimed separate property [was] deemed the separate property of MARGARET D. ROBERTS.” With regard to the division of community assets, the trial court determined:

"... all assets specifically awarded in the Final Decree of Divorce to each spouse remains just and right.
The Court changes its original ruling of a 60/40 division of the property assets and now declines to affix a percentage to the division of the property/assets.
Based on all evidence and argument ... the Court finds that the division of assets in the Final Decree of Divorce continues to be just today.

Upon remand for determination of spousal maintenance, the trial court found that Margaret “is disabled and spousal support shall remain the same per the Final Decree of Divorce rendered on October 7, 2010”, that is, $1,550 per month for thirty-six months and $1,000 per month for an indefinite period thereafter. Although Martin requested findings of fact and conclusions of law and filed a past due notice, the trial court issued none.

Analysis

Spousal Maintenance

In his second point of error, Martin asserts the trial court abused its discretion by awarding spousal maintenance to Margaret,1 First, Martin contends Margaret failed to demonstrate she is eligible for spousal maintenance because she failed to show she lacked sufficient property to provide for her minimum reasonable needs. Second, eyen if Margaret did make this demonstration, Martin contends she failed to rebut the statutory presumption against an award of spousal maintenance because she did not present credible evidence of her incapacitating disability.

We will address Martin’s second argument first: whether-Margaret satisfied her búrden to show’ she suffers from an incapacitating disability.

Standard of Review

We review the trial court’s decision to award spousal maintenance under an abuse of discretion standard of review. See Diaz v. Diaz, 350 S.W.3d 251, 254 (Tex. App.-San Antonio 2011, pet,, denied). Absent a clear abuse of discretion, we do not disturb the trial court’s decision to award spousal maintenance. Amos v. Amos, 79 S.W.3d 747, 749 (Tex. App.-Corpus Christi 2002, no pet.). Under this standard of review, the appropriate inquiry is whether the trial court’s assessment of spousal maintenance was arbitrary or unreasonable. Garcia v. Garcia, 170 S.W.3d 644, 649 (Tex.App.-El Paso 2005) (citing Smithson v. Cessna Aircraft Company, 665 S.W.2d 439, 443 (Tex. 1984)). Therefore, we must “determine whether, based on the elicited evidence, the trial court made, a reasonable decision. Stated .inversely, we must conclude that the trial court’s decision was neither arbitrary nor unreasonable.” Garcia, 170 S.W.3d at 649.

[228]*228The trial court may exercise its discretion to award spousal maintenance only if the party seeking maintenance meets specific statutory eligibility requirements. Slicker v. Slicker, 464 S.W.3d 850, 859 (Tex. App.-Dallas 2015, no pet.). Texas Family Code Section 8.051 provides that a trial court may award spousal maintenance only if the duration of the marriage was ten years or longer and the spouse seeking maintenance:

lacks sufficient property, including property distributed to the spouse under this code, to provide for the spouse’s minimum reasonable needs, as is limited by Section 8.054, and the spouse seeking maintenance: (A) is unable to support himself or herself through appropriate employment because of an incapacitating physical or mental disability. ...2

Tex. Fam. Code Ann. § 8.051 (Act of May 25, 2005, 79th Leg., R.S., ch. 914, § 2, 2005 Tex. Gen. Laws 3146, 3146-47, eff. Sept. 1, 2005). Section 8.054 provides: if a spouse seeking maintenance is unable to support herself through appropriate employment because of an incapacitating physical or mental disability, the court may order maintenance to continue indefinitely for as long as the disability continues. Tex. Fam. Code Ann. § 8.054.

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Bluebook (online)
531 S.W.3d 224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-roberts-texapp-2017.