SIMS v. SIMS

No. 60719.

358 So.2d 919 (1978)

Winston H. SIMS, Plaintiff-Appellee-Respondent, v. Marcella McGinnis SIMS, Defendant-Appellant-Relator.

Supreme Court of Louisiana.

On Rehearing May 19, 1978.


Attorney(s) appearing for the Case

Michael Cavanaugh, Cavanaugh & Ducote, Baton Rouge, for defendant-appellant-relator.

Charles W. Wilson, III, Watson, Blanche, Wilson & Posner, Baton Rouge, for plaintiff-appellee-respondent.


TATE, Justice.

The issue before us concerns the determination of a divorced wife's interest in her former husband's pension rights, insofar as they are attributable to his employment during the existence of the community.

The issue arises in the context of a suit to partition the community's assets following its dissolution as the result of a divorce. The trial court held that the wife's interest in the husband's pension rights was limited to one-half its...

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