The USFSPA, or Uniformed Services Former Spouses’ Protection Act, is a law that allows former spouses of military personnel to receive a portion of their retirement pay. If the couple was married for at least ten years during the military member’s service, a court can order up to 50% of the retirement pay to be given directly to the former spouse. This law applies to all states in the United States.
The Uniformed Services Former Spouses’ Protection Act (USFSPA) is a federal law that governs the division of military pension benefits for former spouses of individuals who served in the armed forces. Under the USFSPA, state courts have the authority to consider military retirement pay as marital property and can order the payment of up to 50% of the retirement pay directly to the former spouse if the couple was married for at least ten years while the military member was in service. For instance, if a couple was married for 12 years and one spouse served in the military for 10 of those years, the non-military spouse may be eligible to receive up to 50% of the military retirement pay. The USFSPA aims to safeguard the financial interests of former spouses who may have contributed to the military member’s career and retirement benefits during the marriage.
The USFSPA is a federal law that governs the division of military retirement benefits in divorce cases.
Former spouses of military service members who were married to the service member for at least 10 years overlapping with the service member’s military service are eligible for benefits under the USFSPA.
The USFSPA allows state courts to treat military retirement benefits as marital property and divide them between the service member and the former spouse based on state divorce laws.
Yes, if the former spouse meets certain criteria, such as being awarded a portion of the military retirement benefits in the divorce decree, they can receive direct payments from the Defense Finance and Accounting Service (DFAS).
Former spouses who meet the eligibility criteria can continue to receive medical benefits through the military’s TRICARE program if they were married to the service member for at least 20 years overlapping with the service member’s military service.
In general, the division of military retirement benefits under the USFSPA is considered final and cannot be modified after the divorce is finalized. However, there may be exceptions in certain circumstances, such as if there was a mistake or fraud in the original division.
If the service member dies before reaching retirement age, the former spouse may still be entitled to a portion of the military survivor benefit plan (SBP) if they were awarded it in the divorce decree.
Yes, a former spouse can receive both military retirement benefits and spousal support, as long as the spousal support is not based on the military retirement benefits.
Remarriage generally does not affect a former spouse’s entitlement to military retirement benefits. However, if the former spouse remarries before the age of 55, their eligibility for medical benefits may be affected.
No, the USFSPA does not consider the service member’s rank or years of service when dividing military retirement benefits. The division is based on the state divorce laws and the length of the marriage overlapping with the service member’s military service.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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