Berry v. Berry

KILGARLIN, Justice.

The sole question presented for consideration is the value of Elna Berry’s interest in the retirement benefits of her ex-husband, Giles Berry. The judgment of the trial court awarded Mrs. Berry one-half of such benefits as would have existed at the time of divorce. The court of appeals reversed and held that she was entitled to receive 34.21% of the retirement benefits actually received. 636 S.W.2d 865. We reverse the judgment of the court of appeals and affirm the trial court’s judgment.

The parties were married on November 11, 1939. On May 22, 1940, Mr. Berry was employed…