USFSPA Statue of Limitations
Question: When does a former spouse have to apply for payments from DFAS when awarded a division of a service member’s retired pay?
Answer: The 2009 DoD FMR states:
“A former spouse may apply for payments anytime after the court has issued a court order enforceable under the USFSPA.”
So it is interesting that Oklahoma has proposed Senate Bill 1887 on January 19, 2012, which includes the following USFSPA statute of limitations verbiage:
“There shall be a two-year statute of limitations, beginning on the date of the final dissolution of marriage, for a party to apply for division of disposable retired or retainer pay.”
Should a state law trump federal law?
How can Oklahoma attempt to decide that former military spouses must apply in two years — when the federal government says they can apply at anytime?
To be clear, the issue of this post is not whether there should or should not be a statute of limitations concerning the USFSPA, but the fact that states should not be able to create laws that take away federally provided rights.
Call your Oklahoma representatives and ask them to disapprove Senate Bill 1887.
View more about the Oklahoma Senate Bill 1887 USFSPA Changes.
UPDATE February 27, 2012: Senate Floor Version Oklahoma SB 1887, As Amended
Oklahoma SB 1887 was amended to delete paragraph F restricting the statute of limitations to two years.
This is an improvement for Oklahoma SB 1887.
You can follow the amended versions of SB 1887. (Click on the tab that says versions.)
You can also read about other concerns with OK SB 1887.
UPDATE April 12, 2012: Ammended & Engrossed Oklahoma House Bill 2286 (HB2286)
April 12, 2012, Oklahoma HB2286 (which also contained references to a two year statue of limitations) was ammended to remove this wording.
This is an improvement for Oklahoma HB 2286.
For more explanations on the various verbiage of awarding the division of military retired pay to a former military spouse, see Military Divorce Tips