Workings v. Workings

DEVANY, Justice.

This is a divorce action. In two points of error, appellant, Douglas Wayne Workings (petitioner below), claims the trial court erred in awarding 41% of his military disability retirement benefits, which he claims as his separate property, to his wife. Because the trial court erroneously classified the retirement benefits as community rather than separate property, we reverse and remand the division of the retirement benefits.

Mr. and Mrs. Workings were first married on November 18, 1946. Mr. Workings was at that time in the service of the United States Navy and had been since…