Trahan v. Trahan

DENTON, Justice.

Emma Trahan instituted this suit against her former husband, Jack Trahan, for partition of his Air Force retirement benefits, which had not been divided by property settlement in either of two previous divorces. The law in Texas has become well established that military retirement, benefits earned during marriage are property subject to division upon divorce. See, e. g., Taggart v. Taggart, 552 S.W.2d 422 (Tex.1977); Cearley v. Cearley, 544 S.W.2d 661 (Tex.1976). However, in light of the United States Supreme Court’s recent decision in McCarty v. McCarty, - U.S. -, 101 S.Ct.…