The Uniformed Services Former Spouse Protection Act (USFSPA) plays a crucial role in military divorce cases. Understanding how this law affects the division of military retirement pay helps divorcing couples make informed decisions. This blog breaks down how the USFSPA works and what it means for military families.
Understanding the USFSPA
The USFSPA allows state courts to treat military retirement pay as marital property and divide it during a divorce. This means that a military pension can be split between the service member and their former spouse. The act does not mandate division but gives state courts the authority to decide whether and how to divide the retirement pay.
Qualifying for a share of retirement pay
A former spouse does not need to meet any specific length-of-marriage requirement to receive a portion of the military retirement pay. However, the “10/10 rule” influences how payments occur. If the marriage lasted at least 10 years, during which the service member served at least 10 years of creditable military service, the Defense Finance and Accounting Service (DFAS) makes direct payments to the former spouse.
How retirement pay is divided
The division of military retirement pay under the USFSPA depends on state laws. Courts use several methods, such as dividing the retirement pay based on a percentage or assigning a specific dollar amount. Factors like the length of the marriage and contributions to the service member’s career influence the amount the former spouse receives.
Impact on other benefits
In addition to retirement pay, the USFSPA affects other benefits. Former spouses who qualify under the “20/20/20 rule” may continue accessing military health care and other benefits after divorce. This rule applies when the marriage lasted 20 years, the service member served for 20 years, and there was at least 20 years of overlap.
Navigating the complexities of military divorce
Military divorces can be complicated. Understanding how the USFSPA affects the division of retirement pay helps both spouses achieve fair outcomes. Seeking legal advice ensures that both parties protect their rights and benefits.
Military divorce involves unique challenges, but knowing the laws that apply makes the process more manageable. Both spouses should stay informed and seek the support they need to navigate these complexities effectively.