Murff v. Murff

CARVER, Justice.

This is a divorce case in which the husband appeals, claiming that the trial court made an inequitable division of the community estate of the parties. We hold that the trial court abused its discretion in the division of the parties’ estate (1) in giving consideration to “fault” of a spouse to justify a disparate division; (2) in giving consideration to disparity of “income” between spouses instead of considering a disparity of “need” between spouses; (3) in failing to consider an award of attorney’s fee to the wife against the husband as an element of the court’s division;…