What is a Uniformed Services Former Spouse Protection Act and how does it apply to military divorce?

The Uniformed Services Former Spouse Protection Act (USFSPA) is a law that provides certain rights to ex-spouses of uniformed service members, like those in the military. It was first passed in 1982 and is still in effect today. This act enables ex-spouses of service members to receive a portion of their ex’s military retired pay in the form of a direct payment. This typically occurs when couples have been married for more than 10 years and the ex-spouse has not remarried. The act requires the Defense Finance and Accounting Service (DFAS) to calculate an appropriate payment that the service member must make to his or her former spouse. In cases of military divorce, the USFSPA can also provide protections for the service member’s former spouse in terms of health care. For example, if the service member has a military health plan and is divorced, the USFSPA allows the service member’s ex-spouse to maintain eligibility for the same health care coverage. In addition, the USFSPA dictates certain rules that must be followed in order for a former spouse to receive a portion of their ex’s military retired pay. This includes stipulations that limit the amount of retroactive division of retired pay, tenure requirements, and the division of Survivor Benefit Plan payments. Overall, the USFSPA is an important law that protects the interests of ex-spouses of service members in cases of military divorce. It provides certain rights to former spouses, such as health care coverage, and lays out clear rules for the division of military retired pay.

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What is a Uniformed Services Former Spouse Protection Act and how does it apply to military divorce?

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