On
Appeal from the 439th Judicial District Court Rockwall
County, Texas Trial Court Cause No. 1-15-1086
Before
Justices Evans, Stoddart, and Boatright
MEMORANDUM OPINION
JASON
E. BOATRIGHT, JUSTICE
Appellant
Meredith King filed a petition for post-divorce division of
property, alleging that the parties' divorce decree
failed to award or divide appellee Gilbert Dwayne King's
total retirement benefit. The case proceeded to trial before
the court. After hearing evidence, the trial court granted
Dwayne's[1] motion for judgment. In a
single issue, Meredith contends the trial court erred by
denying Meredith's request for post-divorce division of
property. We affirm.
Background
Dwayne
participated in the Texas Municipal Retirement System
("TMRS"). Meredith alleges that Dwayne's TMRS
plan had two parts, (1) Dwayne's individual contribution
and (2) the municipality's matching contribution, but
that their divorce decree addressed only the individual
contribution, not the matching one. The decree provided in
relevant part:
Property to Husband
IT IS ORDERED AND DECREED that the husband, Gilbert Dwayne
King, is awarded the following as his sole and separate
property, and the wife is divested of all right, title,
interest, and claim in and to that property: . . .
H-4. Husband's TMRS account with the City of Mesquite,
except for the amount of $32, 000.00 of Husband's TMRS
which is awarded to Wife.
H-5. Husband's deferred compensation plan. . . .
Property to Wife
IT IS ORDERED AND DECREED that the wife, Meredith Lyn King,
is awarded the following as her sole and separate property,
and the husband is divested of all right, title, interest,
and claim in and to that property: . . .
W-4. Wife's TRS, Vanguard and 457 account. . . .
W-7. The equivalent of $32, 000.00 from husband's TMRS,
plus any interest on that award after July 22, 2014 ([date]
of mediation) to be awarded to wife through a ...