Carter v. Carter

h CARAWAY, J.

This suit concerns a contest between the employee spouse and her husband’s succession over the right to benefits from her public pension. Prior to the husband’s death, while retirement benefits were being paid, the parties obtained a consent judgment ending their community property regime and ordering separation of property. Thereafter, the parties partitioned the pension benefits immediately prior to the husband’s death. The trial court awarded the husband’s succession a one-half interest in the pension, and the surviving spouse appeals. Finding that the husband contractually…