Cearley v. Cearley

544 S.W.2d 661 (1976)

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Cearley v. Cearley

Texas Supreme Court
544 S.W.2d 661 (1976)

  • Written by Whitney Kamerzel , JD

Facts

Robert Cearley (defendant) had served in the military for 19 years at the date of his divorce to Shirley Cearley (plaintiff). Robert’s rights to his military retirement benefits would not vest until Robert served 20 years in the military. Robert was married to Shirley for 18 years during Robert’s 19 years of military service. After Robert and Shirley’s divorce, the trial court held that Shirley would receive a half interest in 18 years’ worth of Robert’s military benefits if and when Robert retired and received them. The court of appeals reversed. The court of appeals held that Shirley was not entitled to Robert’s military benefits, because Robert’s rights to the military benefits did not vest until after Robert’s divorce, and thus the military benefits were not community property. Shirley appealed.

Rule of Law

Issue

Holding and Reasoning (Daniel, J.)

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