Marriage of Smith
Texas Court of Appeals
115 S.W.3d 126 (2003)
- Written by Whitney Kamerzel , JD
Facts
Lynn Smith (plaintiff) and Norma Smith (defendant) were married for over 30 years before they agreed to separate and executed a separation and partition agreement. The agreement distributed property between the Smiths. One of Lynn’s retirement benefits was specifically mentioned and allocated to Lynn. The agreement also had a residuary clause that stated all property at that time or in the future owned or held by either spouse belonged to that spouse as separate property as if he or she were unmarried. The residuary clause did not limit the property covered to property within the spouses’ current or future possession and control. The Smiths were separated for 20 years before Lynn filed for divorce. In those years, Lynn started receiving a $1,950 monthly retirement benefit that was not the benefit specifically addressed in the separation and partition agreement. The trial court held that the residuary clause did not cover the new retirement benefit and awarded 75 percent of it to Norma. Lynn appealed.
Rule of Law
Issue
Holding and Reasoning (Carter, J.)
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