Military Benefits for Former Spouses: Legislation and Policy Issues

reportActive / Technical Report | Accession Number: AD1014151 | Open PDF

Abstract:

In 1981, the Supreme Court ruled that the former spouse of a military member or retiree could not be awarded any share of that membersretirees retired pay as a part of a divorce property settlement in a community property state. In response, Congress enacted the Uniformed Services Former Spouses Protection Act USFSPA in 1982. Under the USFSPA, state courts can treat disposable military retired pay as divisible property in divorce cases. However, state laws may vary on these concepts. The USFSPA makes no assumption of such a division nor does it presume how much of a division should be made. In addition to possible receipt of retired pay, certain former spouses would remain eligible to receive certain military benefits or privileges. The USFSPA has since been modified on a number of occasions.

Author(s):
Kamarck, Kristy N.
Author Organization(s):
Congressional Research Service Washington United States
Descriptive Note:
Technical Report
Pagination:
0023

Security Markings

DOCUMENT & CONTEXTUAL SUMMARY

Distribution:
Approved For Public Release
Distribution Statement:
Approved For Public Release;

RECORD

Collection: TR
Subject Terms
Joint Capability Areas:
JCA_6.4.1_Secure Information Exchange; JCA_1_Force Support; JCA_1.3_Human Capital Management; JCA_4.7.2_Installation Services; JCA_4.7_Base and Installations Support; JCA_6.4_Information Assurance; JCA_6_Net Centric; JCA_1.3.1_Personnel and Family Support; JCA_1.3.2_Personnel Management; JCA_5_Command and Control; JCA_5.5.1_Communicate Intent and Guidance; JCA_5.5_Direct; JCA_8.2_Shape; JCA_8_Building Partnerships; JCA_8.2.3_Build the Capabilities and Capacities of Partners and Institutions; JCA_5.3_Planning; JCA_5.4_Decide; JCA_1.1_Force Management; JCA_8.2.1_Partner with Governments and Institutions
Communities of Interest:
Biomedical
Descriptor(s):
military personnel, RETIREMENT PERSONNEL, compensation, INTERPERSONAL RELATIONS, insurance, LEGISLATION, policies
Keyword(s):
usfspa(Uniformed Services Former Spouses Protection Act), Divorced spouses, life insurance, property settlements
Report Date:
2016 Jul 01
Creation Date:
2016 Nov 07