Court of Appeals of Texas May 10, 1989, No. 04-88-00043-CV (Rose v. Rose)

lead-opinion

OPINION

BIERY, Justice.

This appeal follows a suit brought by appellant to partition military retirement benefits and for a declaratory judgment. In a non-jury trial, the issues presented to the trial court were: (1) were the military benefits of appellee treated as community property and partitioned in the 1973 divorce decree 1; and (2) did the agreement to pay the sum of $48,885.