In Baxter v. Ruddle, 794 S.W.2d 761, 763, 33 Tex. Sup. Ct. J. 687 (Tex. 1990), which was decided after Berry, the divorce decree in question awarded the non-employee spouse "37 1/2% of the employee spouse's gross benefits, if, as and when he received them. The decree also provided that the non-employee spouse was to receive 37 1/2% of the total benefits that the employee spouse received each month." 794 S.W.2d at 763. The Court held that "this language unambiguously provided that the non-employee spouse was to receive 37 1/2% of the total retirement benefits received by the employee spouse each month, including any post- divorce increases." Id.