If you are going through a military divorce or are a former spouse of a service member, understanding the Uniformed Services Former Spouses’ Protection Act (USFSPA) is important. This law provides a way for former spouses to receive a portion of a military retiree’s retired pay, but it does not automatically grant this right.
How the USFSPA works
The USFSPA allows a state court to divide military retired pay as part of a divorce settlement, but only if the court has ordered it. That means you need a state court order awarding you a share of the retired pay. The law simply provides a way to enforce that order, it does not create an automatic entitlement.
Alimony and child support under the USFSPA
Besides retired pay, the USFSPA also helps enforce court-ordered alimony and child support payments. If your divorce decree includes these payments, the USFSPA can ensure they are collected from the military member’s retired pay.
Limits on state court power
State courts cannot just divide any military pay or benefits. The USFSPA restricts state courts to dividing only the disposable retired pay, which is the retired pay after deductions like disability payments. Also, the military retirement must be valid and earned by the service member for the court order to be enforceable.
Requirements to apply for benefits
To receive any payment under the USFSPA, you need a court order that clearly awards you a portion of the military retired pay or directs alimony or child support payments. Without this order, you won’t qualify for payments under the law.
Getting help with military divorce
Military divorce cases can be complex, especially when dealing with military benefits and pay. If you need assistance understanding your rights or enforcing a court order under the USFSPA, professional advice from a skilled attorney can help you protect what you are owed.
USFSPA can provide a fair way to divide military retired pay and support payments. Knowing the rules and requirements will help you make the most of your situation.