Shirley Cearley, Petitioner v. Robert L. Cearley, Respondent

Summary

The Texas Supreme Court held that a serviceman's unmatured military retirement benefits earned during marriage are a contingent community property interest that a divorce court may apportion 'if, as, and when' received, without vesting or maturity at the time of divorce. The Court reversed the Court of Civil Appeals, which had required that all events fixing the government's liability occur before division, and affirmed the trial court's award to the wife of a fractional interest in the husband's future retirement pay.