Patsy Sue Segrest v. Claude Hervey Segrest

This is an appeal from a suit filed for a declaratory judgment by a former husband seeking a determination of the validity and enforceability of a portion of a 1974 divorce decree. The decree incorporated a property settlement agreement treating military retirement benefits as part of the community estate of the parties. The trial court determined that pre-1981 divisions of military retirement pay are void and unenforceable in light of the United States Supreme Court decision in McCarty v. McCarty, 453 U.S. 210, 101 S. Ct. 2728, 69 L. Ed. 2d 589 (1981). The court of appeals affirmed. We reverse the judgments of the courts below, dismiss Claude Segrests causes of action and remand Patsy Segrests counter-claim to the trial court for proceedings in accordance with our opinion.