Uniformed Services Former Spouses' Protection Act
Published November 20, 2008
The Uniformed Services Former Spouses' Protection Act, 10 U.S.C. 1408, recognizes the right of state courts to distribute military retired pay to a spouse or former spouse (hereafter, the former spouse) and provides a method of enforcing these orders through the Department of Defense. This act itself does not provide for an automatic entitlement to a portion of the member's retired pay to a former spouse. A former spouse must have been awarded a portion of a member's military retired pay as property in their final decree of divorce, dissolution, annulment, or legal separation (the court order). This act also provides a method of enforcing current child support and/or arrears and current alimony awarded in the court order. Click here
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