Taggart v. Taggar

552 S.W.2d 422 (1977)

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Nature of the Case

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Facts

On June 5, 1943, H entered the United States Navy. H and W were married on October 7, 1947, and they were divorced on January 5, 1968. The divorce proceedings made no mention of retirement benefits. On July 1, 1964, three and one-half years before the divorce, H completed the equivalent of twenty years of active duty. H did not retire but elected to be placed in the Fleet Reserve. As an enlisted man in the regular Navy, he had to complete thirty years of active duty before he was eligible for retirement based on years of service. H was retired from the Navy on April 1, 1974. W instituted this suit for the recovery of her share of the retirement benefits since April 1, 1974. The trial court, upon a finding that the parties were married during the time that eight-ninths of the retirement benefits accumulated, rendered judgment that W was entitled to four-ninths of all retirement pay received by H. The court of civil appeals reversed that judgment and rendered judgment that W takes nothing. W appealed.