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Uniformed Services Former Spouses' Protection Act

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 for more information.