Military Divorce and Retired Pay

The Uniformed Services Former Spouses' Protection Act (USFSPA), passed by Congress in 1982, gives a state court the authority to treat military retired pay as marital property and divide it between the spouses.

 

With the passage of the USFSPA, Congress took the opportunity to set forth various requirements to oversee the division of military retired pay. The USFSPA limits the amount of the member's retired pay which can be paid to a former spouse to 50% of the member's disposable retired pay (gross retired pay less authorized deductions). It requires the parties to have been married for at least 10 years while the member performed at least 10 years of active duty service before a division of retired pay is enforceable under the USFSPA. See Uniformed Services Former Spouses' Protection Act (PDF) for more information.

 

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