A couple filing for a military divorce has many facets to consider. With the marriage to a member of the military come many rights, protections and benefits. In June of 1981 the U.S. Supreme Court ruled that treating military retired pay as community property was unlawful. In response Congress enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA), which decreed that state courts could allow retired military pay to be treated as property and therefore divisible between parties.
With this decree of the USFSPA, it has become very important that both parties know their rights when it comes to the separation of themselves and their property, both physically and legally. Most notably of these concerns are usually the military spouse’s continued eligibility for commissary, their eligibility for a portion of the service member’s military retirement pay, and exchange and health care benefits.
The USFSPA does not automatically protect a spouse’s right to any of the above benefits. For example, the federal law allows the state to consider the retirement pay a marital asset and therefore it can be divided in a divorce action. The USFSPA also provides something called a Survivor’s Benefit Plan, which can name a former spouse as a beneficiary and provide continued income in the event of a military member’s death. Under certain circumstances a former spouse may also receive continued commissary, health and exchange benefits after a military divorce is ordered. If you are seeking a military divorce and would like to know more about the benefits, protections or rights afforded under the Uniformed Services Former Spouses’ Protection Act, contact an experienced local Family Law attorney today.