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O'Carolan v. Hopper

Spousal maintenance is not property.

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Appellant Renee O’Carolan (“O’Carolan”) seeks to reverse the trial court’s property division as rendered in the final divorce decree. In two points of error, she contends the trial court abused its discretion in its disproportionate award of the community property to appellee Gary Hopper (“Hopper”) and in awarding spousal maintenance as a substitute for a just and fair division of the community property. We will reverse the trial court’s property division and remand for a new property division.

Factual and Procedural Background

The parties were married for twenty-six years before the date of the divorce. There were two children of the marriage; only one was under age eighteen at the time of the decree.

 
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