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Zaruba v. Zaruba

Texas Court of Civil Appeals

498 S.W.2d 695 (1973)

Facts

Anthony Zaruba (plaintiff) and Mildred Zaruba (defendant) were married and separated on the same day. Although they had a son, Paul Zaruba, Anthony and Mildred lived apart for their nearly 20 years of marriage. The trial court granted Anthony a divorce and awarded $268,790.98 to Mildred. The award came from nearly $1 million worth of the community and separate assets. Mildred was awarded this distribution because Anthony owned several car dealerships and had the ability to generate substantial income, Mildred had no experience, training, or ability to generate income, Mildred maintained a home and cared for Paul with little financial support from Anthony, and Mildred was not responsible for the parties’ separation. Anthony appealed, arguing the award to Mildred was unjust, unfair, and amounted to an abuse of discretion.

Rule of Law

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Issue

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Holding and Reasoning (Nye, C.J.)

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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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