Baxter v. Ruddle

I respectfully dissent.

I do fully agree with the majority opinion that retirement benefits should be calculated as.of the date of the divorce decree and they should be based upon the rank which Mr. Ruddle had at the time of the divorce. That is the holding in Berry v. Berry, 647 S.W.2d 945 (Tex.1983), but that is not the issue now before this Court. The issue in Berry was whether the trial court made a correct disposition of retirement benefits and the formula for such division.

In the case now before this Court, we are not concerned with whether the trial court correctly divided the military…