Lumpkins v. Lumpkins

SHANNON, Justice.

The subject of this appeal is whether the divorce court has the power to divide non-vested military retirement benefits. As we are of the opinion that the divorce court does not have that authority, we will affirm the judgment.

Appellant, Bettye Jo Lumpkins, sued ap-pellee, Lieutenant Colonel William J. Lumpkins, Jr., for divorce in the district court of Travis County. The parties were able to agree concerning the division of a part of their property and its value. Upon trial to the court the court entered a divorce decree, dissolving the marriage, appointing appellant as…