Lumpkins v. Lumpkins

I respectfully dissent. I would reverse the judgment of the trial court and remand the case with instructions to set aside to appellant whatever part of the retirement benefits necessary for a just and equitable division of the property.1

Section 3.63 of the Vernon’s Texas Family Code Annotated requires the trial court in a suit for divorce to order a division of *494the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and for any children of the marriage. I would hold that the retirement benefits are a part of the estate subject…