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HAVLEN v. McDOUGALL

No. 98-1220.

22 S.W.3d 343 (2000)

Harold HAVLEN, Petitioner, v. Vivian L. McDOUGALL, Respondent.

Supreme Court of Texas.

Decided January 13, 2000.

Attorney(s) appearing for the Case

James N. Higton, San Antonio, for Petitioner.

Gary A. Beahm, San Antonio, for Respondent.

Justice BAKER delivered the opinion of the Court.

This case involves partition of military retirement benefits. The issue is whether the 1990 amendment to the Uniformed Services Former Spouses' Protection Act (the "Act") preempts a former spouse's ability to partition military retirement benefits that were not expressly allocated in the parties' 1976 divorce decree. See 10 U.S.C. § 1408(c)(1); Buys v. Buys, 924 S.W.2d 369

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