What You Need to Do Right the First Time to Save Money on Your Military Divorce
Key Points
  • The law can affect military retirement pay in a divorce. If the decree is not properly drafted the ex-spouse may not get a portion of the retirement benefit.
  • Make sure you and your attorney are education about the USFSPA and the divorce process for the military so nothing is overlooked, drafted incorrectly, appropriate wording is included in the settlement agreement, and that the agreement is in accordance to federal law to avoid any modifications later.
  • Divorce and the Military II is a very informative book available to military members, spouses, attorney’s and other professionals to educate themselves on the various rights and responsibilities regarding military issues unique to divorce.

The majority of military people have very little information, or no idea, about the law that affects their retired pay in a divorce. Many have returned to court after they have learned their divorce decree was not properly drafted to allow the defense finance center to pay out a portion of the military retired pay to the ex-spouse.

Military couples who have not educated themselves about the USFSPA and the military divorce process run the risk of overlooking the many issues that need to be addressed in the decree, including appropriate wording, Your and your attorney's goal should be to:

  • Ensure that the, decree will not be reopened due to lack of knowledge or misinterpretation of the USFSPA or the omission of important military issues; and
  • Verify that the coverage of military issues is such that the decree is recognized by the military finance center as being in conformance with the federal law, obviating the need for subsequent modification or clarification.

Service members and spouses can educate themselves on military divorce by reading the book, Divorce and the Military II, the only book for military couples (and their attorneys) that provides the information they need to know, including how to seek competent professional legal help.

This book educates the service member, the spouse, and their attorneys. You are in the best position to protect your rights, whether you are the service member or the spouse, under the USFSPA when you are fully informed about them.



Useful Online Tools
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Suggested Reading
Divorce & the Military II Divorce & the Military II
DIVORCE AND THE MILITARY II is the newly published comprehensive guide for military members (active duty, reserve/guard, and retired), spouses, and their attorneys, on the Uniformed Services Former SpousesŐ Protection Act (USFSPA). The USFSPA is the federal law that permits the award of military retired pay in a divorce.

Author: Marsha L. Thole and Frank W. Ault


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USFSPA – The Uniform Services Former Spouse Protection Act (USFSPA) recognizes the right of state courts to distribute military retired pay to a spouse or ex–spouse and provides a method of enforcing these orders through the Department of Defense. USFSPA does not make division of military pay mandatory during divorce.
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