In this episode, Melinda sits down with fellow Duffee+Eitzen partner, Jodi Bender, to discuss her Texas Supreme Court family law case, what that process was like, and how it now impacts family law across Texas.

Key Takeaways from the Episode

Texas Court Structure:
· Three levels: trial court, appellate court, and Texas Supreme Court.
· Less than 10% of cases requested for review by the Supreme Court are actually heard.

Appeals Are Not a “Do-Over”:
· No new witnesses or arguments are presented.
· The appellate court reviews legal errors made during trial (e.g., evidence wrongly excluded or admitted).
· Attorneys must show that the error was harmful to the case and preserve the issue in the record with an offer of proof.

Importance of Record-Keeping:
· Maintaining a clear and detailed trial record is essential for a successful appeal.
· Appeals can take years to resolve.

Jodi’s Case Overview:
· Involved property division — specifically whether a bonus earned during marriage was community property or separate property.
· Jodi argued the bonus was community property because it was accrued during the marriage and tied to the husband’s performance.
· The Texas Supreme Court agreed with Jodi, ruling that the bonus should be considered community property.

Impact of the Ruling:
· Clarified that compensation outside of salary (e.g., bonuses, stock options, fringe benefits) must be evaluated based on when it was earned, not when it was received.
· Addressed potential gamesmanship, where individuals could manipulate salary and bonuses to affect property division.
· Although Jodi’s case did not create new law, it provided a new interpretation and clarification of existing statutes.

Broader Implications for Family Law:
· Influences mediation and settlement negotiations, as bonuses and deferred compensation must be analyzed carefully before trial.
· Reinforces the importance of understanding each party’s compensation structure in divorce cases.
· Connects to new family code legislation that includes formulas for deferred compensation but still leaves ambiguity on handling bonuses.

About Jodi Bender Today:
· Continues to practice family law and head the Witchia Falls D+E location, as well as, Dallas metro area.
· Has expanded her work to include mediation as a mediator herself.