Bordes v. Bordes

Gary Bordes (defendant) married Roselyn Bordes (plaintiff) in 1981. In 1994, at the age of 42, Gary became totally disabled. By the time Gary became disabled, he had been working for the Water Department of Jefferson Parish for over 20 years and was eligible to receive disability retirement benefits from the Parochial Employees’ Retirement System of Louisiana (PERS) until he reached full retirement age. The PERS disability-benefits policy had no cash value, and Gary was able to obtain benefits under the policy only because he became disabled. To remain eligible for disability benefits, Gary was required to submit to periodic medical examinations to confirm he remained disabled and unable to engage in gainful employment. When Gary reached full retirement age, which PERS defined as age 60, his disability retirement benefits would convert to normal retirement benefits. In 1995, Roselyn filed for divorce. All issues were settled before trial except for the classification of Gary’s disability benefits, which Roselyn argued should be classified as community property. The trial court held that Gary’s disability benefits were community property because they were a substitute for retirement benefits. The appellate court affirmed. Gary then appealed to the Louisiana Supreme Court, arguing that the disability benefits were his separate property.