Morgan v. Horton

ROWE, Justice.

At issue on appeal is whether an ex-wife, divorced since 1958, is entitled to a belated partition of her ex-husband’s teacher retirement benefits. The trial court sustained a plea in bar asserted by the ex-husband which was grounded on the doctrine of res judicata but overruled the ex-husband’s plea wherein the bar was grounded on an exemption provision in the Teacher Retirement System, now TEX.REV.CIV.STAT. ANN., TITLE 110B, § 31.005 (Vernon Pamphlet 1983). The parties seek reversal of the trial court’s action adverse to each. For reasons given below, we agree with the…