Koepke v. Koepke

This is a partition suit brought by the former wife of a military serviceman to obtain division of military retirement benefits. The trial court rendered summary judgment partitioning the retirement benefits. The court of appeals reversed the summary judgment and rendered judgment for the former serviceman/husband holding that the prior divorce decree had disposed of the retirement benefits and was accordingly res judicata of the issue. 726 S.W.2d 615 (Tex.App.1987) A majority of this court reverses the judgment of the court of appeals and affirms the judgment of the trial court.

The divorce…