Jack F. Trahan v. Emma J. Trahan

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 Courts recent decision in McCarty v. McCarty, 453 U.S. 210, 101 S. Ct. 2728, 69 L. Ed. 2d 589 (1981), we are compelled to review the present status of Texas law. The sole question presented is whether the Supremacy Clause of the United States Constitution, Art. VI, cl. 2, preempts a division by a Texas state court of a spouses entitlement to Air Force retirement benefits pursuant to 10 U.S.C. ?? 8911, 8929.