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 federal law that plays a role in military divorce. It sets certain rights that divorcing spouses of a military member may have in regards to their share of the military member’s benefits. This includes the right to receive a portion of military retirement pay and other forms of benefits after a divorce. The USFSPA also sets out a method for calculating a former spouse’s share of the military member’s retirement pay. When a military member and their spouse are preparing to divorce, the USFSPA requires that the military member’s state of residence recognize and enforce the portion of the military retirement pay (and other benefits) that is intended to be given to the former spouse. In the state of Nebraska, a former spouse can file for their portion of the military retirement pay with their local courts under the USFSPA. The court will then issue an order determining what share of the military retirement pay the former spouse is entitled to. The USFSPA also sets out several other rights and protections for former spouses of military members. This includes the right for the former spouse to continue to receive health care benefits through the military, as well as other forms of military identification. It also sets expectations on how a former spouse is to be treated and the rights they have in regards to their benefits. Overall, the USFSPA is an important law that sets out certain rights and protections for former spouses of military members. It is important for military personnel and their spouses to be aware of the USFSPA and how it applies to military divorce when considering a divorce.

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