Uniformed Services Former Spouses' Protection Act

listen to this page Listen to this Page
Printer-friendly versionPrinter-friendly version

The Uniformed Services Former Spouses' Protection Act (USFSPA), 10 U.S.C. 1408, accomplishes two things:

  1. It recognizes the right of state courts to distribute military retired pay to a spouse or former spouse (hereafter, the former spouse), and
  2. It provides a method of enforcing these orders through the Department of Defense.

The USFSPA does not automatically entitle a former spouse to a portion of the member's retired pay.

A former spouse must have been awarded a portion of a member's military retired pay as property in their final court order.

The USFSPA also provides a method of enforcing current and/or previously owed (arrears) child support and current alimony awarded in the court order.

Go here: :  http://www.dfas.mil/garnishment/usfspa/faqs.html