Dessommes v. Dessommes

OPINION

WILSON, Justice.

Plaintiff sued her former husband, his employer and the insurance companies which funded the employer’s pension or retirement plan to which the husband had contributed. Plaintiff and her husband were divorced in February, 1963. A declaratory judgment was sought determining the rights of plaintiff and her divorced husband in the pension plan.

The husband filed a “plea in bar” asserting that the wife’s rights, title and interest in the plan and fund had been adjudicated in the divorce decree and pleaded res judicata thereby. He pleaded that more than four years had elapsed…