What is the Uniformed Services Former Spouse Protection Act and how does it apply todivorce?

The Uniformed Services Former Spouse Protection Act (USFSPA) is a federal law that was enacted in 1982 to protect the rights of former spouses of members of the armed forces in divorce proceedings. The USFSPA applies to all current and former members of the armed forces, including members of the reserves and National Guard. Under the USFSPA, a former spouse of a service member is entitled to a portion of the member’s military retirement pay and other benefits, if the marriage was for 10 years or more during the member’s service. This portion is determined by the court and is typically between 50 and 60 percent. The court also decides how the benefits should be divided and can order the payment of spousal or child support. In California, the court must consider a number of factors when deciding how to divide military benefits. These factors include the length of the marriage, the length of the service member’s active duty, the parties’ financial contributions to the marriage, and any other relevant factors. The court also has the power to make other orders, such as awarding ownership of military property or a portion of the service member’s disability benefits. The USFSPA has a number of important protections in place to make sure that former spouses of service members receive the benefits they are entitled to. In California, the law is enforced by the Family Law Facilitator’s Office in the Superior Court. It is important for those going through a divorce to understand how the USFSPA may affect them, so they can make sure that their rights are protected.

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What is the Uniformed Services Former Spouse Protection Act and how does it apply todivorce?

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