Hudson v. Hudson

763 S.W.2d 603 (1989)

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Hudson v. Hudson

Texas Court of Appeals
763 S.W.2d 603 (1989)

  • Written by Whitney Kamerzel , JD

Facts

Murray Hudson (defendant) married Roeline Hudson (plaintiff) in 1975. The Hudsons divorced in 1987. Murray was employed for decades before his marriage and retired in 1986. Murray’s employer provided him with two retirement annuities. The first annuity was based on years of service and increased proportionately with each additional year that Murray worked. At the time of the marriage, the first annuity was worth $1,702 per month. At retirement, the first annuity was worth $9,448 per month. The trial court ignored the increase in value and calculated the community-property portion of this annuity by multiplying the annuity’s present value by a fraction that equaled the number of months the retirement benefit accrued during the marriage divided by Murray’s total months of service. Roeline appealed, arguing that the trial court should have awarded her a share of the proportionate increase in the retirement benefit’s value during the marriage. The second annuity was awarded only to company executives, but it was not clear when Murray obtained the annuity. Because Murray became an executive during his marriage, the trial court presumed the second annuity was entirely community property and awarded 50 percent to each party. Murray appealed the trial court’s distribution.

Rule of Law

Issue

Holding and Reasoning (Pressler, J.)

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