Division of gross retirement pay under the Uniformed Services Former Spouses" Protection Act

Cover of: Division of gross retirement pay under the Uniformed Services Former Spouses

Published by Congressional Research Service, Library of Congress in Washington, D.C .

Written in English

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Subjects:

  • Postemployment benefits -- United States,
  • Divorce -- United States

Edition Notes

Book details

Statementby Rita Ann Reimer
SeriesCRS report -- no. 86-940 A, Report (Library of Congress. Congressional Research Service) -- no. 86-940 A, Major studies and issue briefs of the Congressional Research Service -- 1986-87, reel 2, fr. 000793
ContributionsLibrary of Congress. Congressional Research Service
The Physical Object
FormatMicroform
Pagination19 p.
Number of Pages19
ID Numbers
Open LibraryOL15454940M

Download Division of gross retirement pay under the Uniformed Services Former Spouses" Protection Act

For orders dividing retired pay as property to be enforced under the USFSPA, a member and former spouse must have been married to each other for 10 years or more during which the member performed.

The maximum that can be paid to a former spouse under the USFSPA is fifty percent (50%) of a member's disposable retired pay. In cases where there are payments both under the USFSPA and pursuant to a garnishment for child support or alimony under 42 U.S.C.the total amount payable cannot exceed sixty-five percent (65%) of the member's.

UNIFORMED SERVICES FORMER SPOUSE PROTECTION ACT: DIVISION OF RETIREMENT PAY Prepared by: Legal Assistance Department Region Legal Service Office Southwest Sturtevant Street Suite 9 San Diego CA () WHAT DOES THE UNIFORMED SERVICES FORMER SPOUSE PROTECTION ACT (USFSPA) DO?File Size: KB.

Divorce & the Military II DIVORCE AND THE MILITARY II is the newly published comprehensive guide for military members (active duty, reserve/guard, and retired), spouses, and their attorneys, on the Uniformed Services Former Spouses’ Protection Act (USFSPA).

The USFSPA is the federal law that permits the award of military retired pay in a divorce. The Uniformed Services Former Spouses’ Protection Act (USFSPA) was passed as Public Law effective Feb. 1, As a result, un-remarried and, in some cases, remarried former spouses of servicemembers have entitlement to certain military-related benefits and privileges.

The laws can be found under Title 10 U.S.C., Sub. When dealing with the division of military retirement pay, federal law controls, specifically the Uniformed Services Former Spouses Protection Act (U.S.F.S.P.A.), 10 U.S.C.

§ Under the U.S.F.S.P. A., a former spouse can receive up to fifty (50) percent of a military service-person’s disposable retired pay. 10 U.S.C. § (e). Under the Uniformed Services Former Spouses' Protection Act (USFSPA), ex-spouses of military service members are entitled to a share of their exes' retirement benefits.

Under the state laws of Missouri, Illinois, Kansas and Oklahoma, military retired pay is considered marital property and undergoes division in divorce proceedings. The Uniformed Services Former Spouses' Protection Act (USFSPA), 10 U.S.C.accomplishes two things: It recognizes the right of state courts to distribute military retired pay to a spouse or former spouse (hereafter, the former spouse), and; It provides a method of enforcing these orders through the Department of Defense.

Get this from a library. Division of gross retirement pay under the Uniformed Services Former Spouses' Protection Act.

[Rita Ann Reimer; Library of. Military retirement is the only retirement that is considered marital property. The Uniformed Service Former Spouse Protection Act states that judges can take military retired disposible income into consideration when considering equitible distribution in a divorce and the judges have taken that to believe that a former spouse automatically gets a portion of the military members.

The Uniformed Services Former Spouses Protection Act was passed more than 30 years ago and has faced criticism by numerous veterans organizations ever law routinely blindsides divorced servicemen and women who, after divorce, suddenly find huge portions of the retirement funds they’ve earned sent to their former spouse.

The USFSPA was enacted in as a. SUMMARY: This rule implements section of the Uniformed Services Former Spouses' Protection Act (Pub. ) and amendments found in section of the DoD Authorization Act for Fiscal Year (Pub. ) which are codified under ti United States Code, section (10 U.S.C.

It provides guidance on direct payments. In the event of effective service of a court order under this section and the service of legal process pursuant to section of the Social Security Act (42 U.S.C.

), both of which provide for payments during a month from the same member, satisfaction of such court orders and legal process from the retired pay of the member shall be on a first-come, first-served basis.

Military Benefits for Former Spouses: Legislation and Policy Issues Congressional Research Service Summary Inthe Supreme Court ruled that the former spouse of a military member or retiree could not be awarded any share of that member’s/retiree’s retired pay as a part of a divorce property settlement in a community property Size: KB.

The Uniformed Services Former Spouse Protection Act (USFSPA) is a law intended to provide spouses that have been awarded part of a servicemember's retirement pay a method of enforcing child support and alimony orders.

The following article reviews some of the relevant requirements and rights relating to the USFSPA. The Uniformed Services Former Spouses' Protection Act (the Act), 10 U.S.C.recognizes the right of state courts to distribute military retired pay to a spouse or former spouse (hereafter, the former spouse) and provides a method of enforcing these orders through the Department of.

Recent comments to my Money and Divorce post highlight the confusion about the Uniformed Services Former Spouses' Protection Act (USFSPA). While I addressed these topics last fall in Fact or. In response, Congress passed the Uniformed Services Former Spouse Protection Act (USFSPA), in This act allows state courts to treat disposable retired pay either as property solely of the member or as the property of the member and his spouse in accordance with the laws of the state : Rod Powers.

Armed Forces (i.e., that (s)he has 20 years of service credible for retirement purposes). FORMER SPOUSE ELIGIBILITY FOR BENEFITS UNDER THE USFSPA: Division of Retired Pay 3 Designation as an SBP Beneficiary2 3 Direct Payment of Child Support 4, 5 Direct Payment of Alimony Direct Payment of Property Division3 Transitional Health Care Full Health File Size: KB.

in this article to differentiate between the federal Uniformed Services Former Spouses' Protection Act and state statutes which grant former spouses of military personnel their rights under the federal act.

10 U.S.C. § (), amended by Act of Nov. 5,Pub.§Stat. : Mary Elizabeth Hammerstrom. In order for a division of retired pay as property award to be enforced under the USFSPA, the former spouse must have been married to the military member for ten years or more during which the member performed at least 10 years of service creditable in determining the member's eligibility for retirement.

10 U.S.C. (d)(2). The Uniformed Services Former Spouses’ Protection Act (USFSPA), 10 U.S.C.accomplishes two things: It recognizes the right of state courts to. By Tara N. Brewer. Special to After 20 years of credible service, military members are eligible for retired pay benefits.

If that military member faces divorce, one of the largest concerns is how those benefits will be distributed, which is outlined by the Uniformed Services Former Spouses’ Protection Act (USFSPA). THE UNIFORMED SERVICES FORMER SPOUSES’ PROTECTION ACT (USFSPA) FACT SHEET What is USFSPA.

The Uniformed Services Former Spouses' Protection Act (USFSPA), 10 U.S.C.accomplishes two things: 1. It recognizes the right of state courts to distribute military retired pay to a spouse or former spouse (hereafter, the former spouse), and 2.

1 Uniformed Services Former Spouses Protection Act, Pub.96 Stat. () (codified at 10 U.S.C. §§, ( & Supp. IV )). 2 The legislative history states, [t]he committee received extensive testimony from the File Size: 2MB. (Reported to Senate from the Committee on Armed Services with amendment, S.

Rept. ) Uniformed Services Former Spouses' Protection Act - Requires the Secretary of the military department concerned to pay from the military pension of the member or former member of a uniformed service to a spouse or former spouse the amount specified in a.

indicated congressional intent that former spouses not be entitled to a share of their service member-spouse’s military retired pay upon divorce. The Uniformed Services Former Spouses' Protection Act (USFSPA). Pub.96 Stat. (), as amended, and codified at 10 U.S.C.

§§,& In response to a congressional request, GAO summarized the results of its evaluation of how the Department of Defense (DOD) and the military services are implementing the Uniformed Services Former Spouses' Protection found that DOD has taken various measures to help ensure fair and consistent implementation of the direct payment provisions of the act and that the.

prompted Congress to pass the Uniformed Services Former Spouses' Protection Act (Act).'3 Declaring military retirement pay to be a po-tentially divisible asset for property settlement in divorce,' 4 the Act overruled the McCarty decision and returned the issue to the states.' 5.

The National Defense Authorization Act (NDAA) made an important change to the definition of disposable military retired pay in the Uniformed Services Former Spouses' Protection Act (USFSPA) found at 10 U.S.C.

§ The change affects the division of property in divorce decrees or domestic relations orders dated Decem and after. The Uniformed Services Former Spouses Protection Act allows divorce courts to divide military retired pay as property jointly earned in marriage.

The Uniformed Services Former Spouses’ Protection Act (USFSPA) was passed by (gross retired pay less authorized deductions) at least 10 years of servicecreditable towards retirement eligibility before a division of retired pay is enforceable under the USFSPA.7 It specifies how an award of military retired pay must beFile Size: KB.

military occurred with the passage of the Uniformed Services Former Spouses' Protection Act2 ("USFSPA" or "the Act") of This Act of Congress allows state courts to divide a service mem-ber's retirement pay during a divorce and requires the armed ser-vice pay centers to make direct payment of military retirement.

"Military retirement pay is the only retirement pay that is considered marital property by the state divorce courts. The Uniformed Service Former Spouse Protection Act states that judges can say that military retirement pay is disposable income and take that into consideration when considering equitable distribution in a divorce.

Known as the Uniformed Services Former Spouses Protection Act, the law was created in the wake of a controversial U.S. Supreme Court ruling upholding the ban on dividing nondisability military retirement pay in divorce settlements, as is allowable with. A servicemember or the spouse of a servicemember receives a divorce under the laws of a state of residence.

Moreover, besides understanding the basic divorce process, military couples must understand the Uniformed Services Former Spouses’ Protection Act (USFSPA), which applies to all military divorces after J The USFSPA is a.

Inauthority was granted to state courts to order benefits in favor of former spouses. SBP provides members of the uniformed services with the opportunity to provide up to 55% of their gross retired pay as an annuity to designated beneficiaries.

The new NDAA made major changes to the Uniformed Services Former Spouse Protection Act (USFSPA), which is the federal law enacted in that allowed states to divide military retired pay as marital property in divorce. The original USFSPA did not provide for any particular division of a servicemember’s military retired pay.

The Uniformed Services Former Spouse Protection Act, passed in the early 80's, was originally designed to protect spouses of military members.

It contains provisions that were not clearly considered. For instance, the law only considers the uniformed services. The Court held that “the Former Spouses’ Protection Act affirmatively grants state courts the power to treat military retirement benefits as marital property that is subject to equitable division upon a divorce.” Id., citing 10 USC § (c)(1); Mansell v.

Mansell, U.S.(). Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Uniformed Services Former Spouses Protection Act Fairness Amendments of '.

SEC. 2. REVISION IN THE TERMINATION PROVISION FOR PAYMENTS FROM DISPOSABLE RETIRED PAY.How can I enforce a Court Order regarding military retirement pay, child support or alimony owed by a service member?

The Uniformed Services Former Spouses Protection Act is a federal law that authorizes state courts to distribute military retired pay to a spouse or former spouse of a service member as part of a divorce decree. Read More.A servicemember who has served 20 years is entitled to receive a military retirement.

Per the Uniformed Services Former Spouses' Protection Act. State courts may but are not required to divide a servicemember’s “disposable retired pay” upon dissolution, according to that court's domestic relations laws.

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