Harvey v. Harvey

905 S.W.2d 760 (1995)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Harvey v. Harvey

Texas Court of Appeals
905 S.W.2d 760 (1995)

  • Written by Whitney Kamerzel , JD

Facts

Gary Harvey (defendant) and Patricia Harvey (plaintiff) were divorced in 1990. Because Gary was employed during his marriage and his employer provided him with a tax-qualified retirement plan, the trial court recognized Patricia’s marital rights in the retirement plan. The trial court therefore awarded Patricia 45 percent of the retirement plan’s value as of the date of divorce, to be paid in the future when the distributions started and in a manner of Patricia’s choosing. However, the divorce decree failed to mention Patricia as Gary’s surviving spouse. The pension plan’s administrator told the Harveys that because the decree failed to identify Patricia as Gary’s surviving spouse, Patricia would not be eligible to receive distributions if Gary died. Patricia filed a motion for clarification of the original decree to effectuate this change. The trial court granted the clarifying change. Gary appealed, arguing that this change was an invalid substantive modification of the divorce decree that conferred a new benefit on Patricia.

Rule of Law

Issue

Holding and Reasoning (Jones, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 814,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 814,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 814,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership