Johnson v. Wetherspoon

|2FOGG, Judge.

By this action, an ex-wife seeks to have her community interest in her ex-husband’s Teacher’s Retirement System of Louisiana benefits recognized. At the time of her demand, her ex-husband was deceased and his second wife was collecting survivor benefits from the retirement plan. The trial judge rendered summary judgment, dismissing the plaintiffs action. For the following reasons, we reverse and remand.

The following facts are undisputed. Doris P. Johnson and Albert Wetherspoon were married on March 23, 1957. The couple shared a community property regime. Two children were born…