Berry v. Berry

McCLOUD, Chief Justice.

The issue in this partition suit is the proper division of Southwestern Bell Telephone Company retirement benefits which were not divided at the time of divorce.

Giles Coulter Berry and Elna Hettie Berry were married on November 11, 1939. Giles Berry began working for Southwestern Bell on May 22, 1940. He retired from Southwestern Bell on July 8, 1978. His retirement benefits were based upon all of the years of employment. Giles worked for Southwestern Bell for 38 years. He was married to Elna for 26 of those 38 years. Giles and Elna Berry were divorced on September 13,…