The Uniformed Services Former Spouses’ Protection Act (USFSPA) was passed by Congress in 1982. The USFSPA gives a State court the authority to treat military retired pay as marital property and divide it between the spouses. With the passage of the USFSPA, Congress took the opportunity to set forth various requirements to govern the division of military retired pay. Congress sought to make a fair system for military members, considering that their situation often exposes them to difficulties with civil litigation. Therefore, if a member is divorced while on active duty, the requirements of the Soldiers’ and Sailors’ Civil Relief Act (SSCRA) must be met before an award dividing military retired pay can be enforced under the USFSPA. This document explains
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