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Uniformed Services Former Spouses’ Protection Act (USFSPA) Office of the Command Judge Advocate Questions and Answers Information Paper

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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?

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