How Do You Calculate A Retirement Settlement For A Military Divorce?
Retirement settlement for former military spouses is covered under the Uniformed Services Former Spouse Protection Act (USFSPA). State courts have jurisdiction over the parties going through divorce proceedings based on the service member’s residence or his consent to the court’s jurisdiction. USFSPA governs property settlement enforcement. While the state court can award a portion of the member’s retirement pay in the divorce, the award may not be enforced under the USFSPA unless the parties’ circumstances meet certain requirements. Determine which state has jurisdiction before you file for divorce. If you have not made a state a permanent residence (you are living there temporarily because of a military assignment), you may file in your state of domicile (the state where you maintain permanent residence). In the alternative, if it is in the best interest of the entire family to obtain a divorce decree in the state where the service member is currently stationed, the member can submit
