Segrest v. Segrest

649 S.W.2d 610 (1983)

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Segrest v. Segrest

Texas Supreme Court
649 S.W.2d 610 (1983)

  • Written by Whitney Kamerzel , JD

Facts

Claude (plaintiff) and Patsy Segrest (defendant) were married. Claude received military retirement benefits. Upon the Segrests’ divorce in 1974, the Segrests signed a contractual property settlement dividing Claude’s retirement benefits as community property. In 1981 the United States Supreme Court held that federal military retirement benefits were separate property. Claude stopped giving a portion of his retirement benefits to Patsy and sued Patsy for a declaratory judgment that the settlement contract was void. The trial court held that the contract was void, and the court of appeals affirmed. Patsy appealed and counterclaimed against Claude to enforce the settlement contract.

Rule of Law

Issue

Holding and Reasoning (Ray, J.)

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