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CourtListener opinion 2877444

Citation: Domestic Relations Order · Date unknown · US

Extracted case name
pending
Extracted reporter citation
Domestic Relations Order
Docket / number
after being abated by our order of June 19
QDRO relevance 5/5Retirement relevance 5/5Family-law relevance 5/5gold label pending
Research-use warning: This page contains machine-draft public annotations generated from public opinion text. The headnote is not Willie-approved gold-label work product and is not legal advice. Verify the full opinion and current law before relying on it.

Machine-draft headnote

Machine-draft public headnote: CourtListener opinion 2877444 is included in the LexyCorpus QDRO sample set as a public CourtListener opinion with relevance to pension / defined benefit issues. The current annotation is conservative: it identifies source provenance, relevance signals, and evidence quotes for attorney/agent retrieval. It is not a Willie-approved legal headnote yet.

Retrieval annotation

Draft retrieval summary: this opinion has QDRO relevance score 5/5, retirement-division score 5/5, and family-law score 5/5. Use the quoted text and full opinion below before relying on the case.

Category: pension / defined benefit issues

Evidence quotes

retirement benefits

other reasons, if, as, and when received . 5. 50% of all sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom, and any other rights related to any profit-sharing plan, retirement plan, pension plan, employee stock option plan, employee savings plan, accrued unpaid bonuses, or other benefit program existing by reason of [Elia Hernandez's] past employment with Federal Aviation Authority as of July 17, 1992 . * * * * * * * [Elia Hernandez] is awarded the following as [her] sole and separate property: * * * * * * * 5. All righ

pension

f, as, and when received . 5. 50% of all sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom, and any other rights related to any profit-sharing plan, retirement plan, pension plan, employee stock option plan, employee savings plan, accrued unpaid bonuses, or other benefit program existing by reason of [Elia Hernandez's] past employment with Federal Aviation Authority as of July 17, 1992 . * * * * * * * [Elia Hernandez] is awarded the following as [her] sole and separate property: * * * * * * * 5. All right, title,

domestic relations order

een, Justice Sarah B. Duncan, Justice Delivered and Filed: August 12, 1998 REVERSED AND REMANDED This appeal is reinstated on the docket after being abated by our order of June 19, 1998. Elia Hernandez appeals from a clarification order and a Domestic Relations Order interpreting the divorce decree of her and her ex-husband, Pete Hernandez. On appeal, her primary contention is that the order is an impermissible modification of the original decree. We agree and we reverse the trial court's order. Factual and Procedural Background On August 12, 1992, the parties entered into an agreed divorce decree which dissol

valuation/division

riginal decree. We agree and we reverse the trial court's order. Factual and Procedural Background On August 12, 1992, the parties entered into an agreed divorce decree which dissolved their marriage and divided their marital property. As part of the property division, the parties' retirement benefits were divided in the following manner: [Pete Hernandez] is awarded the following as [his] sole and separate property: * * * * * * * 4. All right, title, and interest in and to 50% of the United States Army disposable retired or retainer pay to be paid as a result of Pete Hernandez's service in the United States

Source and provenance

Source type
courtlistener_qdro_opinion_full_text
Permissions posture
public
Generated status
machine draft public v0
Review status
gold label pending
Jurisdiction metadata
US
Deterministic extraction
reporter: Domestic Relations Order · docket: after being abated by our order of June 19
Generated at
May 14, 2026

Related public corpus pages

Deterministic links based on shared title/citation terms and QDRO / retirement / family-law retrieval scores.

Clean opinion text

No. 04-97-00025-CV 

 Elia HERNANDEZ , 

 Appellant 

 v. 

 Pete HERNANDEZ , 

 Appellee 

 From the 225th Judicial District Court, Bexar County, Texas 

 Trial Court No. 91-CI-14162 

 Honorable Charles A. Gonzalez, Judge Presiding 

 Opinion by: Catherine Stone, Justice 

 Sitting: Catherine Stone, Justice 
 
 Paul W. Green, Justice 
 
 Sarah B. Duncan, Justice 

 Delivered and Filed: August 12, 1998 

 REVERSED AND REMANDED 

 This appeal is reinstated on the docket after being abated by our order of June 19, 1998. 
 
 Elia Hernandez appeals from a clarification order and a Domestic Relations Order 
interpreting the divorce decree of her and her ex-husband, Pete Hernandez. On appeal, her primary 
contention is that the order is an impermissible modification of the original decree. We agree and 
we reverse the trial court's order. 
 
 Factual and Procedural Background 

 On August 12, 1992, the parties entered into an agreed divorce decree which dissolved their 
marriage and divided their marital property. As part of the property division, the parties' retirement 
benefits were divided in the following manner: 
 
 [Pete Hernandez] is awarded the following as [his] sole and separate property: 

 * * * * * * * 

 4. All right, title, and interest in and to 50% of the United States Army disposable 
retired or retainer pay to be paid as a result of Pete Hernandez's service in the United 
States Army . . . or other reasons, if, as, and when received . 

 5. 50% of all sums, whether matured or unmatured, accrued or unaccrued, vested or 
otherwise, together with all increases thereof, the proceeds therefrom, and any other 
rights related to any profit-sharing plan, retirement plan, pension plan, employee 
stock option plan, employee savings plan, accrued unpaid bonuses, or other benefit 
program existing by reason of [Elia Hernandez's] past employment with Federal 
Aviation Authority as of July 17, 1992 . 

 * * * * * * * 

 [Elia Hernandez] is awarded the following as [her] sole and separate property: 

 * * * * * * * 

 5. All right, title, and interest in and to that portion of the United States Army 
disposable retired or retainer pay to be paid as a result of Pete Hernandez's service 
in the United States army not awarded in this decree to Pete Hernandez. 

 6. 50% of all sums, whether matured or unmatured, accrued or unaccrued, vested or 
otherwise, together with all increases thereof , the proceeds therefrom, and any other 
rights related to any profit-sharing plan, retirement plan, pension plan, employee 
stock option plan, employee savings plan, accrued unpaid bonuses, or other benefit 
program existing by reason of [Pete Hernandez's] past employment with the United 
States Army . 

 The decree also stated that the parties' marriage lasted 19 years and 6 months, during which time 
Pete served 19 years and 10 months of creditable service toward retirement at an E-7 pay scale. 
 
 In the fall of 1996, Pete retired from the military and Elia began receiving disbursement 
checks. Elia received 50% of Pete's retirement pay. Pete filed a motion to clarify the original decree 
asking the court to enter an order \to prevent Elia from receiving any benefit of his separate