Does the USFSPA require division of military retired pay in a divorce?
A. USFSPA does NOT automatically divide retired pay as property. However, it does authorize state courts to treat military retired pay either as property of the retiree or as the property of the retiree and his spouse in accordance with the law of the jurisdiction of such courts, i.e. the USFSPA permits a court to award a portion of military retired pay to a former spouse as his or her property. (This is in addition to any other court award spousal and/or child support and/or division of other marital property.) A court may award more than 50 percent of a retired service member’s pay check to the ex-spouse as property but the Government is authorized only to send up to 50 percent of “disposable” retired pay directly to the ex-spouse as property. Q. What constitutes “disposable” retired pay for division in a divorce? A. “Disposable” retired pay is defined in 10 U.S. Code, Section 1408(a)(4). Disposable retired pay is the gross monthly pay entitlement, including renounced pay, less autho
