Military Retirement Benefits for Ex-Spouses
When divorce occurs, one of the first things decided is the division of any financial benefits. The government provides members of the military and their spouses many benefits. Thanks to the Uniformed Services Former Spouses Protection Act, spouses can continue to receive benefits even after divorce.
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History
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In 1981, the U.S. Supreme Court ruled that military pay could not be treated as "community pay" in divorce cases, ending a disagreement between state courts over whether it could be considered. Congress decided to pass the Uniformed Services Former Spouses Protection Act (USFPA) in 1982 in response to this ruling, which said that military pay could be treated as property in divorce cases.
Significance
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Under the USFSPA, a former spouse is eligible to receive either a portion or all of a military service members "disposable" portion of that pay. According to the Military website, this is considered "the gross monthly pay entitlement, including renounced pay, less authorized deductions." However, the law does not specifically say the spouse is entitled to any of the compensation. It only gives the power to state courts to divide that portion of the spouse's income if it so chooses.
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Benefits
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For the ex-spouse, the USFSPA provides a method for the aggrieved spouse to pursue compensation through the spouse's military benefits. Marriage length is not a factor when deciding whether or not a spouse is eligible, although for direct compensation from the government the couple must be married for 10 years. After a court order, the payments must begin within 90 days.
Limitations
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The law stipulates that no more than half of the service member's disposable pay may be awarded to the ex-spouse in most cases. There are some loopholes. If the service member owes alimony or child support, the award can be increased to a maximum of 65 percent.
Considerations
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The USFSPA does not confer to the ex-spouse any other military benefit other than compensation. For example, military service members and their spouses are entitled to special benefits,such as ID cards, insurance and more. Once the divorce is completed, these benefits end, except for insurance, which will continue for up to 36 months, depending on the circumstances.
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Comments
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bbstkkr
Oct 05, 2009
I made a mistake. This is the part I was referring to: For the ex-spouse, the USFSPA provides a method for the aggrieved spouse to pursue compensation through the spouse's military benefits. Marriage length is not a factor when deciding whether or not a spouse is eligible, although for direct compensation from the government the couple must be married for 10 years. After a court order, the payments must begin within 90 days. -
bbstkkr
Oct 05, 2009
You stated:The USFSPA does not confer to the ex-spouse any other military benefit other than compensation. For example, military service members and their spouses are entitled to special benefits,such as ID cards, insurance and more. Once the divorce is completed, these benefits end, except for insurance, which will continue for up to 36 months, depending on the circumstances. My husband was divorced in 2002. This is 2009 and she just now wants to claim it. And did, starting in Nov.and now is sueing for backpay. She has more rights to my military retirement than I do. I was the one in the military. NOT HER !
