Legal Opinion

Breen v. Breen

Texas Court of Appeals, 4th District (San Antonio)

Decided March 13, 1985No. 04-83-00322-CVPublishedCited by 5 opinions

1Opinion of the Court

OPINION

DIAL, Justice.

This is an appeal from a suit to divide military retirement benefits previously awarded to the husband in a prior suit for divorce.

Jerry Breen, appellant here, and Elizabeth Breen were divorced June 8, 1982. In the divorce decree all military retirement benefits of the husband were awarded to him. This was in compliance with McCarty v. McCarty, 453 U.S. 210, 101 S.Ct. 2728, 69 L.Ed.2d 589 (1981), decided June 26, 1981. The Texas Supreme Court interpreted McCarty as holding that the Supremacy Clause of the United States Constitution foreclosed the division of military…

2Cases cited15 opinions

  1. Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
  2. McCarty v. McCartySupreme Court of the United States · 1981
  3. Hardin v. HardinTexas Supreme Court · 1980
  4. Segrest v. SegrestTexas Supreme Court · 1983
  5. Cameron v. CameronTexas Supreme Court · 1982

10 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. O'Connor v. O'Connor, Texas Court of Appeals, 4th District (San Antonio)1985
  2. Allison v. AllisonCourt of Appeals of Texas · 1985
  3. Wright v. Wright, Texas Court of Appeals, 4th District (San Antonio)1986
  4. Breen v. Breen, Texas Court of Appeals, 4th District (San Antonio)1985
  5. O'Connor v. O'Connor, Texas Court of Appeals, 4th District (San Antonio)1985

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