This is a Uniformed Services Former Spouses’ Protection Act (USFSPA) Office of the Command Judge Advocate Questions and Answers Information Paper. Questions answered are as follows:
- What is the USFSPA?
- How does the USFSPA affect military pensions?
- What is disposable retired pay?
- How may a former spouse receive his or her share of the pension?
- What other benefits are available under the USFSPA?
- Can I get child support or alimony taken out of my spouse’s retired pay and sent directly to me?
- Do all states allow military retired pay to be divided as marital or community property?
- How much of the retired pay will be divided or awarded?
- If I die, what happens to the pension division award?
- Do I still continue to receive the benefits after the servicemember dies?
- Is there a maximum amount that I can receive under USFSPA?
- What can I do if the soldier is required by court order to pay more than the maximum allowable amount under USFSPA?
- How can I receive full benefits?
- Does the date of the divorce decree matter if I meet the “20/20/20 Test“?
- What are the criteria for the “20/20/15 Test“?
- If I receive full benefits, can I be covered by other medical insurance?
- May I Retain Full Benefits if I Remarry?
- If I meet the “20/20/15 Test“, but my divorce decree is final after 1 April 1985, am I still eligible for some benefits?
- Are there any civilian agencies available to help me?
- If I have questions about my rights under USFSPA, What should I do?
NOTE: This document is in PDF format
