Perez v. Perez

STEAKLEY, Justice.

The issue in this case is whether military readjustment benefits paid to a husband spouse pursuant to federal statute are community property under Texas law. We hold they are not.

Roberto D. and Marian S. Perez were married on March 9, 1963; they were divorced seven and one-half (7½) years later on August 25, 1970. At the time of the marriage, Roberto was a first lieutenant in the United States Army Reserve. He served on active duty for sixteen and one-half (16½) years and attained the rank of major. He was involuntarily released from active duty, effective October 3, 1977.

A…