Legal Opinion · Dissent

Hagen v. Hagen

Texas Supreme Court

Decided May 1, 2009No. 07-1065Published

1DissentJustice Brister

The Court says this divorce decree did not divide VA disability pay, and even if it did it is binding because it was voidable rather than void. I disagree on both counts.

I would also try a little harder to find an alternative to today’s judgment, which allows an ex-husband to cut off a community asset awarded to his ex-wife. We should remand for Doris Hagen to pursue further proceedings; because the Court instead renders judgment against her, I respectfully dissent.

I. Did This Decree Divide VA Disability Pay?

Military retirement pay and Veterans Administration disability pay have differ*909ent…

2Cases cited30 opinions

  1. Mayhew v. Town of SunnyvaleTexas Supreme Court · 1998
  2. McCarty v. McCartySupreme Court of the United States · 1981
  3. Texas Department of Transportation v. City of Sunset ValleyTexas Supreme Court · 2004
  4. Dubai Petroleum Co. v. KaziTexas Supreme Court · 2000
  5. Twyman v. TwymanTexas Supreme Court · 1993

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