Frequently Asked Questions

• What Gives A State Court The Power To Treat Military Retired Pay As Marital Property To Be Divided In A Divorce?
  In 1982 Congress passed a law, the Uniformed Services Former Spouses` Protection Act, that permits state courts to treat military retired pay as property. The law was Public Law 97­252, and the … more
• Does The Usfspa Dictate How The Division Of Retired Pay Will Be Computed?
  No. With certain broad limitations, this is left to state courts to determine the percentage awarded to the spouse.
• Did The Law Require State Courts To Divide Military Retired Pay?
  No, it only permitted state courts to treat it as property. At this time, all states, in one way or another, treat military retired pay as property in certain circumstances.
• Then What Does The Act Cover?
  In overly simplistic terms, the Act specifies the limits placed on state courts and outlines how an application for direct payments will be processed.
• How Do State Courts Determine How To Divide The Retirement?
  In community property states and many of the other states, a cut and dried formula is used when the member has already retired. But for an active duty member, there may be no state law that … more