McClary v. Thompson
Texas Court of Appeals
65 S.W.3d 829 (2002)
- Written by Whitney Kamerzel , JD
Facts
Jennifer McClary (defendant) and Darrell Thompson (plaintiff) were married. For five years before the marriage, Darrell worked for Tarrant County as a medical investigator and made contributions into his government retirement plan. Jennifer and Darrell signed a premarital agreement before the marriage that specifically identified Darrell’s retirement benefits and stated that the benefits “shall remain” Darrell’s separate property. Darrell filed for divorce from Jennifer, and the trial court granted the divorce and held that the entire balance of the retirement plan, $116,754.39, belonged to Darrell as his separate property. Jennifer appealed, arguing that the balance of the retirement account that was accumulated during marriage, $104,771.72, was community property.
Rule of Law
Issue
Holding and Reasoning (Gardner, J.)
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