Uniformed Services Former Spouses' Protection Act USFSPA
Former Spouse Protection Act
The Uniformed Services Former Spouses' Protection Act (USFSPA)
is a controversial law passed in 1982 allowing states to divide a
service member's retirement pay when dividing marital property.
It also allows a former spouse to apply for alimony and child
support payments from a service member's retired pay.
It does not award or guarantee a specific share (or percentage of
retirement pay) to the former spouse.
Learn about the Uniformed Services Former Spouses' Protection Act
We understand that aside from the overview provided in Military Divorce Tips , some readers will want more detailed information or perhaps to just hear it said in different words. Often the clearest understanding will come after reading several articles, each of which might highlight a different aspect of the USFSPA. For this purpose, check out the links below:
- Jan 2010, Dividing Miltary Retired Pay DFAS pamphlet describing the Uniformed Services Former Spouses' Protection Act and how it applies to Military Retirement Pay Division
- Uniformed Services Former Spouses' Protection Act, USFSPA An overview of the Uniformed Services Former Spouses' Protection Act
- Uniformed Services Former Spouses' Protection Act USFSPA Another good article with an overview of the Uniformed Services Former Spouses' Protection Act
- US Codes and specifically, the Computation of Retired Pay
- Dod Financial Management Regulations and specifically, the Computation of Retired Pay
Change the Uniformed Services Former Spouses' Protection Act?
Once you have a clear understanding of the USFSPA, most likely you will favor one viewpoint or another on whether it should be changed.
Read about USFSPA Changes .
Divorce Rights - DoD Financial Management Regulations
Service Member and Military Spouse Divorce Rights
There's nothing worse than googling about military divorce rights, reading numerous pages, and then finding out that you are either reading dated
information or even worse, reading misinformation.
Many internet links are still in place for previous editions of the Financial Management Regulations, so it is important to keep current on the latest
changes by using the direct links to the official comptroller government site.
DoD 7000.14-R Volume 7B - Military Pay Policy and Procedures - Retired Pay
- Dod Financial Management Regulation DoD 7000.14-R (Main Index)
- Recently Published Changes to DoD FMR 7000.14-R
Below are links to the most frequently used DoD FMR Volume 7B chapters on military divorce rights. Often a topic will have aspects that are contained
in several different chapters so it's important to get comfortable flipping (or clicking) amongst the different chapters in DoD 7000.14-R Volume 7B.
While some critical and frequently discussed topics are provided with direct links, this does not mean one should avoid
reading the links provided in the main index
Too much reading? For a quick overview of military divorce rights, consider Military Divorce Tips.
Basic Pay Rates... and Cost of Living Adjustments (COLA) to Retired Pay
Chapter 8, Basic Pay RatesLegislative and Cost of Living Adjustments (COLA) to Retired Pay
April 2010, - contains COLA rates needed for high-three computations and more pay information.
Waiver of Retired Pay
- Chapter 12, Waiver of Retired Pay
April 2010, - Read about service member's choices when waiving retired pay (for disability pay, etc.)
Former Spouse Payments from Retired Pay
Chapter 29, Former Spouse Payments from Retired Pay
Feb. 2009, - Read more here about service member's choices when waiving retired pay (for disability pay, etc.)
Survivor Benefit Plan Chapters 42-58
- See the discussion on the
Survivor Benefit Plan (SBP)
for a complete List of SBP Dod Financial Management Regulations.
Older Regulations - Before Revision
Take care when using search engines for military divorce regulations concerning retired pay. The older regulations are still available on the internet
so depending on the case, you may or may not need to apply the most current regulation. Below are some links to some previous regulations.
- 1999 Chapter 12, WAIVER OF RETIRED PAY
CHAPTER 29 FORMER SPOUSE PAYMENTS FROM RETIRED PAY
- 1999 CHAPTER 42
SURVIVOR BENEFIT PLAN (SBP) - APPLICATION OF THE PLAN
- 1999 CHAPTER 43
SURVIVOR BENEFIT PLAN - ELECTIONS AND ELECTION CHANGES
Aside from the Department of Defense Financial Management Regulations, there are also the U.S. Codes which can be found for further discussion of
Military Divorce Laws.