Texas Supreme Court
Giles Coulter Berry, Petitioner v. Elna Hettie Berry, Respondent
March 9, 198326 Tex. Sup. Ct. J. 266
Summary
The Texas Supreme Court held that a divorced spouse’s community interest in retirement benefits must be valued as of the date of divorce, awarding one-half of that value, and reversed the Court of Appeals which had applied a percentage of benefits actually received. The Court affirmed the trial court’s judgment and rejected the formula used by the lower courts.