Federal Former Spouse Protection Laws

[thedrifter]

go to for Bill status... write & ask for support

http://capwiz.com/moaa/issues/bills/?bill=36330

DOD web site info

http://www.dod.gov/prhome/spouserev.html

review by state, how each state treats it.
http://www.dod.gov/prhome/docs/finalc.pdf

On September 4, 2001, the report on Federal Former Spouse Protection Laws was delivered to the Chairman and Ranking Member of the Senate Committee on Armed Services. You may review the full report on this website.
Federal Former Spouse Protection Laws, Final Report.
USFSPA Report Appendices.
Appendix C - Information Addressing State Applications and Interpretations of the USFSPA.
http://www.dod.gov/prhome/docs/finalc.pdf
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some info from www.MOAA.org formerly TROA
also see: http://www.moaa.org/Legislative/Tool...ProtectAct.pdf



Uniformed Services Former Spouses Protection Act and Retired Pay for Members of the Uniformed Services
Public Law 97-252 contains the basic Uniformed Services Former Spouses? Protection Act (USFSPA), effective February 1, 1983, wherein an unremarried and, in some cases, a remarried) former spouse of a military member has entitlement to certain military-related benefits and privileges. Since its initial enactment the law has been amended several times. The original law and its amendments are codified in Title 10, United States Code, Sections 1072(F), 1076(b), 1086(b), 1408, 1447(6)?(10), 1448(b)(1), P.L. 99-661 and Section 652, P.L. 100-456, September 29, 1988; Section 1402, P.L. 101?189, November 29, 1989; Section 555, P.L. 101?510, November 5, 1990; and Section 637, P.L. 104-201, September 23, 1996. Guidelines for implementing the former spouse payments from military retired pay are found in the Department of Defense Financial Management Regulation, DoD 7000.14-R, Volume 7B, paragraphs 60301?60312 as amended (http://www.dtic.mil/comptroller/fmr/07b/07b29.pdf ).{Note about the previous link} (Those portions of the law which pertain directly to the Uniformed Services Survivor Benefit Plan (SBP) and medical, commissary, and exchange benefits are addressed in separate fact sheets.)

The USFSPA is the legislative arm by which the federal government can be required to send up to 50 percent of the service member?s disposable military retired pay directly to the ex-spouse as property. Award must be made by a state court. The important point here is that the 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.

Disposable" retired pay is defined in 10 U.S. Code, Section 1408(a) (4) of P.L. 97-252, as amended by P.L. 99-661, November 14, 1986 and Section 555 of P.L. 101-510, November 5, 1990. Disposable retired pay is the gross monthly pay entitlement, including renounced pay, less authorized deductions.

For divorces, dissolutions of marriage, annulments, and legal separations that became effective before February 3, 1991, the authorized deductions are:

(a) Amounts owed to the United States.

(b) Amounts required by law to be deducted from a member?s pay.

(c) Fines and forfeitures ordered by a court-martial.

(d) Amounts waived in order to receive compensation under Titles 5 or 38 of the United States Code.

(e) Federal employment taxes and income taxes withheld to the extent that the amount deducted is consistent with the member?s tax liability, including amounts for supplemental withholding under 26 U.S. Code 3402(i) when the member presents evidence to the satisfaction of the designated agent that supports such withholding. State employment taxes and income taxes when the member makes a voluntary request for such withholding from retired pay and the Uniformed Services have an agreement with the State concerned for withholding from retired pay.

f) Premiums paid as a result of an election under 10 U.S. Code Chapter 73 to provide an annuity to a spouse or former spouse to whom payment of a portion of such member?s retired pay is being made pursuant to a court order.

(g) The amount of the member?s retired pay under 10 U.S. Code Chapter 61 computed using the percentage of the member?s disability on the date when the member was retired (or the date on which the member?s name was placed on the temporary disability retired list), for court orders issued after November 14, 1986.

For divorces, dissolutions of marriage, annulments, and legal separations that become effective on or after February 3, 1991, the authorized deductions are:

(a) Amounts owed to the United States for previous overpayments of retired pay and the recoupments required by law resulting from entitlement to retired pay.

(b) Forfeitures of retired pay ordered by court-martial.

(c) Amounts waived in order to receive compensation under Title 5 (see Footnote 1) or 38 of United States Code.

(d) Premiums paid as a result of an election under 10 U.S. Code Chapter 73 to provide an annuity to a spouse or former spouse to whom payment of a portion of such member?s retired pay is being made pursuant to a court order.

(e) The amount of the member?s retired pay under 10 U.S. Code Chapter 61 computed using the percentage of the member?s disability on the date when the member was retired (or the date on which the member?s name was placed on the temporary disability retired list).

A court may treat disposable retired or retainer pay payable to a member for pay periods beginning on or after June 26, 1981, either as property solely of the member or as property of the member and his spouse in accordance with the law of the jurisdiction of such court. A court may not treat retired pay as property in any proceeding to divide or partition any amount of retired pay of a member as the property of the member and the member's spouse or former spouse if a final decree of divorce, dissolution, annulment, or legal separation (including a court ordered, ratified, or approved property settlement incident to such decree) affecting the member and the member's spouse or former spouse (A) was issued before June 26, 1981, and (B) did not treat (or reserve jurisdiction to treat) any amount of retired pay of the member as property of the member and the member's spouse or former spouse. This applies to judgments issued before, on, or after November 5, 1990. In the case of a judgment issued before November 5, 1990, such amendment shall not relieve any obligation, otherwise valid, to make a payment that is due to be made before the end of the two-year period beginning on November 5, 1990. Notwithstanding any other provision of law, the preceding does not create any right, title, or interest which can be sold, assigned, transferred, or otherwise disposed of (including by inheritance) by a spouse or former spouse.

The subject of tax reporting of such payments by the military retiree and the former spouse is discussed in MOAA?s Fact Sheet entitled: "Tax Reporting for Division of Military Retired Pay as Property under the Former Spouses Protection Act."

Courts can treat military retired pay as marital property without regard to duration of marriage during military service. However, to be eligible for a direct disbursement of military retired pay as property a Defense Finance and Accounting Service Center, a former spouse must have been married to the military member for 10 years or more during which time the member performed 10 years service creditable for military retirement. Court-ordered payments for child support and/or alimony do not require a specified length of marriage.

The question of alimony and/or child support is normally open for review by a state court depending on changed circumstances.
Footnote 1: Section 637 of P.L. 104-201, enacted on September 23, 1996 (with an effective date of January 1, 1997) deals with the prevention of circumvention of a court order dividing military retired pay as property incident to a divorce by waiver of military retired pay to enhance a Civil Service/FERS retirement annuity. Section 637 is quoted as follows: "If, after January 1, 1997, an employee or Member waives retired pay that is subject to a court order for which there has been effective service on the Secretary concerned for purposes of section 1408 of title 10, the military service on which the retired pay is based may be credited as service for purposes of this subchapter only if the employee or Member authorizes the Director to deduct and withhold from the annuity payable to the employee or Member under this subchapter an amount equal to the amount that, if the annuity payment was instead a payment of the employee?s or Member?s retired pay, would have been deducted and withheld and paid to the former spouse covered by the court order under such section 1408. The amount deducted and withheld under this paragraph shall be paid to that former spouse. The period of civil service employment by the employee or Member shall not be taken into consideration in determining the amount of the deductions and withholding or the amount of the payment to the former spouse. The Director of the Office of Personnel Management shall prescribe regulations to carry out this paragraph."

The sole purpose of this Information Sheet is to acquaint you with the basic facts of this Act as they pertain to military retired pay. For answers to specific questions concerning your own situation, we would recommend your discussing full details of the legislation with a qualified attorney within the state where the decree of divorce was/will be granted.


Sempers,

Roger

United We Stand
God Bless America

Remember our POW/MIA's
I'll never forget!

[sfc_darrel]

31. H.R.65 : To amend title 10, United States Code, to permit retired members of the Armed Forces who have a service-connected disability to receive a portion of their military retired pay concurrently with veterans' disability compensation.
Sponsor: Rep Bilirakis, Michael [FL-9]
Committees: House Armed Services; House Veterans' Affairs
Latest Major Action: 7/17/2001 House committee/subcommittee actions. Status: Department of Veterans Affairs deferred to views of Department of Defense as to the merits of the bill.

37. H.R.303 : To amend title 10, United States Code, to permit retired members of the Armed Forces who have a service-connected disability to receive both military retired pay by reason of their years of military service and disability compensation from the Department of Veterans Affairs for their disability.
Sponsor: Rep Bilirakis, Michael [FL-9]
Committees: House Armed Services; House Veterans' Affairs
Latest Major Action: 7/17/2001 House committee/subcommittee actions. Status: Department of Veterans Affairs deferred to the views of Department of Defense as to the merits of the bill.

46. H.R.609 : To amend title 10, United States Code, to provide limited authority forconcurrent receipt of military retired pay and veterans' disability compensation in the case of certain disabled military retirees who are over the age of 65.
Sponsor: Rep Evans, Lane [IL-17]
Committees: House Armed Services; House Veterans' Affairs
Latest Major Action: 7/17/2001 House committee/subcommittee actions. Status: Department of Veterans Affairs deferred to the views of Department of Defense as to the merits of the bill.

16. H.R.1983 : To amend title 10, United States Code, to revise the rules relating to the court-ordered apportionment of the retired pay of members of the Armed Forces to former spouses, and for other purposes.
Sponsor: Rep Ballenger, Cass [NC-10]
Committees: House Armed Services; House Ways and Means
Latest Major Action: 6/7/2001 Referred to House subcommittee. Status: Referred to the Subcommittee on Military Personnel.