Legal Definitions - Uniformed Services Former Spouses' Protection Act

The Uniformed Services Former Spouses' Protection Act (USFSPA) is a federal law that addresses how military retirement benefits are handled during divorce proceedings for service members and their former spouses.

Essentially, USFSPA allows state courts to consider a service member's military retirement pay as marital property, meaning it can be divided between the divorcing spouses. A key provision of the Act permits state courts to order direct payment of a portion of this retirement pay (up to 50%) to the former spouse, provided the couple was married for at least ten years while the service member was performing military service.

Here are some examples of how the Uniformed Services Former Spouses' Protection Act might apply:

• Example 1: Long-Term Air Force Marriage
  Colonel Miller and his wife, Susan, were married for 25 years, with 20 of those years overlapping with Colonel Miller's active duty in the Air Force. When they divorce, a state court, applying the USFSPA, determines that Susan is entitled to a percentage of Colonel Miller's military retirement pay. Because their marriage met the 10-year overlap requirement, the court can order the Defense Finance and Accounting Service (DFAS) to pay Susan's share directly to her once Colonel Miller begins receiving his retirement benefits.

  This example illustrates USFSPA by showing how a state court can treat military retirement as marital property and facilitate direct payment to a former spouse from a long-term military marriage.

• Example 2: Navy Pension Division in Divorce
  Lieutenant Commander Rodriguez and his wife, Elena, divorce after 14 years of marriage, all of which occurred while he was actively serving in the U.S. Navy. Under the authority of the USFSPA, the state court overseeing their divorce includes a specific provision in the divorce decree. This provision allocates a portion of Lieutenant Commander Rodriguez's future Navy pension to Elena, recognizing it as a shared asset from their marriage.

  This scenario demonstrates USFSPA's role in allowing state courts to divide military retirement benefits as part of a divorce settlement, ensuring the former spouse receives their entitled share.

• Example 3: Army Retirement Benefits for a Former Spouse
  Sergeant First Class Johnson and his wife, Maria, were married for 12 years, with 11 of those years coinciding with his service in the U.S. Army. Upon their divorce, the state court utilizes the USFSPA to issue an order stating that Maria will receive a percentage of Sergeant First Class Johnson's military retirement benefits once he retires. This order ensures that even though he is not yet retired, the framework is in place for Maria to receive her share directly from DFAS when the time comes.

  This example highlights how USFSPA enables state courts to make forward-looking orders regarding military retirement pay, providing a mechanism for former spouses to receive their share of these benefits even if the service member is still active duty at the time of divorce.