Baxter v. Ruddle
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.