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Taggart v. Taggart

552 S.W.2d 422 (1977)

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Taggart v. Taggart

Texas Supreme Court

552 S.W.2d 422 (1977)

Facts

George Taggart (defendant) joined the U.S. Navy in 1943 and married Ann Taggart (plaintiff) in 1947. In 1964, after 20 years of service in the regular Navy, George transferred to a reserve unit. In 1968 George and Ann divorced in proceedings that made no mention of George’s forthcoming military-retirement benefits. By 1974, George had completed 30 years of active duty, making him eligible for retirement benefits. Ann brought suit for her share of those benefits. The trial court awarded Ann a one-half interest in George’s retirement benefits on the basis of George’s 20 years in the regular Navy. The court of appeals reversed, holding that Ann was not entitled to any share of George’s benefits. Ann appealed. The Texas Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Pope, J.)

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