The Uniformed Services Former Spouses' Protection Act (USFSPA):
Some Background and References
The USFSPA is a federal law enacted in 1982 that provides certain benefits to former spouses of U.S. military members. It allows state courts to treat military retired pay as property and allows the division of military retired pay as a marital asset upon divorce.
There are two key provisions of the USFSPA:
The 10/10 rule: A former spouse is entitled to receive a portion of the military member's retired pay if the marriage lasted at least 10 years during which the member performed at least 10 years of service creditable towards retirement eligibility.
The 20/20/20 rule: A former spouse is entitled to full commissary, exchange, and health care benefits after a divorce if the military member served at least 20 years of creditable service, the marriage lasted at least 20 years, and the period of the marriage overlapped the period of service by at least 20 years.
In recent years, there have been discussions about potential changes to the USFSPA, particularly regarding the "10-year rule" and the treatment of military retired pay as property. However, no specific bills have been introduced to amend the USFSPA in the current (2024) congressional session.
There have been amendments to 10 U.S.C. 1408, which is a part of the Uniformed Services Former Spouses' Protection Act (USFSPA). The USFSPA provides benefits to former spouses of service members, such as the division of military retired pay as property upon divorce.
One significant amendment to 10 U.S.C. 1408 was made in 2017 with the National Defense Authorization Act (NDAA). This amendment redefined disposable retired pay, which is the portion of a service member's retired pay that can be divided with a former spouse. The amendment also introduced new requirements for court orders to be honored by the Defense Finance and Accounting Service (DFAS).
Another amendment to 10 U.S.C. 1408 was made in 2016 with the NDAA. This amendment introduced a 10/10 rule, which requires that a former spouse must have been married to the service member for at least 10 years during which the member performed at least 10 years of service creditable towards retirement eligibility.
These amendments have had a significant impact on the division of military retired pay in divorce cases involving service members.
References and Links
Government Websites:
U.S. Department of Defense Military OneSource: https://www.militaryonesource.mil/relationships/separation-divorce/dealing-with-military-divorce/
Servicemembers Civil Relief Act (SCRA): https://scra.dmdc.osd.mil/
Department of Veterans Affairs (VA): https://veteranshelpgroup.com/divorced-spouses-and-military-benefits/
Legal Resources:
American Bar Association Family Law Section: https://www.americanbar.org/groups/family_law/committees/military/
National Military Family Law Association: https://www.militaryfamily.org/
The Military Guide to Divorce: https://www.militaryonesource.mil/relationships/separation-divorce/dealing-with-military-divorce/
Additional Resources:
Financial Resources:
Thrift Savings Plan (TSP): https://www.tsp.gov/
Military Survivor and Dependent Benefits: https://www.usa.gov/survivor-benefits
Emotional Support:
Military OneSource Counseling: https://www.militaryonesource.mil/
National Alliance on Mental Illness (NAMI): https://www.nami.org/Home
Veterans Affairs mental health services: https://www.mentalhealth.va.gov/
News and Articles:
Divorce Rates in the Military: https://news.byu.edu/news/study-combat-vets-62-percent-more-likely-lose-marriages
Financial Considerations for Military Divorce: https://jpcannonlawfirm.com/2020/11/military-spouse-benefits-after-divorce/
Navigating Custody Agreements with Military Deployment: https://www.oceansidedivorcelawfirm.com/child-custody/effect-of-military-deployment-on-child-custody-rights/
Disclaimer: We are not a legal professional and cannot provide legal advice. Please consult with an attorney familiar with military divorce laws and your specific situation.