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Uniformed Services Former Spouses' Protection Act Dividing Military: What You Should Know
UNIFORMED SERVICES FORMER SPOUSE PROTECTION Act of 2002 to divide military retiree payments amongst the former member and former spouse when required to do so by federal law or court order. Federal Law Prevents State Divisions of Military Retirement Pay Apr 22, 2023 — The USF SPA has been used by 11 states to create some form of property separation or property division for former spouses of military service members. The UNIFORMED SERVICES FORMER SPOUSES PROTECTION Act of 2002 prohibits states from dividing military pay by virtue of the SPA. This law was first passed by Congress and signed into law by President Bill Clinton in 1993. Military Retirement Pay Divided for Former Spouse and Children Oct 3, 2032 — As a result of federal law and state law, members of the armed forces may keep a portion of their military retiree pay. This remains the case unless the state in which the former spouse resides requires different division as federal law and state law dictate. If a state does not require a division, members of the armed forces can keep the full amount of military retiree pay. If the former spouse or children are required to be treated as non-custodial and receive their own share of the pay, there are two sets of laws to make sure that is handled correctly. The Federal Law and State Law If the former spouse is required to be treated as a non-custodial recipient and receive 100% of the pay, a spouse may keep one-half of the Military Retirement Pay The following are specific laws and details. These laws may vary county-to-county: UNIFORMED SERVICES FORMER SPOUSE PROTECTION Act of 2002 A. State law may limit the amount of property the spouse is entitled to receive upon termination of the marriage unless state law provides for a higher amount: State Law: 1. California 2. Montana 3. New Jersey 4. Nevada 5. Ohio 6. Washington 7. Wyoming B. If a non-custodial recipient receives over 80% of the pay for a period of up to three years, then his or her share of the pay must be proportionately reduced within three years, down to 50%: 1.
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