ARTICLE
4 minute read•March 15, 2018
The Uniformed Services Former Spouse Protection Act is a federal law that provides certain benefits to former spouses of military members. Under this law, former spouses may be entitled to portions of the military member’s retirement pay, medical care, and exchange and commissary benefits.
The Uniformed Services Former Spouse Protection Act:
- Allows state courts to divide disposable military retired pay between the service member and spouse
- Allows former spouses to receive a portion of retired pay directly from the government in some circ*mstances
- Grants some former spouses access to health care at military treatment facilities
- Grants some former spouses access to military exchanges and commissaries
- Grants benefits to some victims of spousal or child abuse
The Uniformed Services Former Spouse Protection Act doesn’t:
- Require courts to divide military retired pay
- Establish a formula for dividing military retired pay
- Award a predetermined share of military retired pay to former spouses
- Place a ceiling on the percentage of disposable retired pay that may be awarded
- Require an overlap of military service and marriage as a prerequisite to division of military retired pay as property
Jurisdiction under the Uniformed Services Former Spouse Protection Act
The Uniformed Services Former Spouse Protection Act prevents a court from treating retired pay as the property of the service member and spouse unless the court has jurisdiction over the service member based on the service member’s:
- Residence other than because of military assignment
- Domicile
- Consent to the court’s jurisdiction
Direct payment of retired pay
Direct payment of retired pay may be made to a former spouse from the military pay centers if there’s a court order or a property settlement that was ordered, ratified or approved by the court, and if the final order specifically provides that payment is to be made from disposable retired pay for one of the following:
- Child support
- Alimony
- Division of retired pay as property if the former spouse was married to the member for 10 years or more, during which time the member performed 10 years or more of creditable service, and the order expresses payment in dollars or a percentage of the member’s disposable retired pay
Direct payments will terminate on these events, whichever comes first:
- Terms of the court order are satisfied
- Death of the retired service member
- Death of the former spouse
Procedure for request for direct pay
The former spouse must send the following items to the designated agent of the member’s uniformed service:
- Signed DD Form 2293, “Application for Former Spouse Payments from Retired Pay”
- A copy of the court order
- Other accompanying documents that provide for payment of child support, alimony or division of property, certified by an official of the issuing court within the previous 90 days
Notification to the designated agent can be made by:
- Regular mail
- Email
- Fax
- Certified mail
No later than 30 days after effective service, the Defense Finance and Accounting Service:
- Will send written notice to the affected member at the last known address
- Will consider any response received from the service member
- May reject any request for direct pay that doesn’t satisfy requirements
- Won’t honor the court order whenever it’s shown to be defective, modified, superseded or set aside
No later than 90 days after effective service, the Defense Finance and Accounting Service will make payment to the former spouse and inform him or her of the amount to be paid, or send the former spouse an explanation of why the court order wasn’t honored.
Impact of the Uniformed Services Former Spouse Protection Act on Survivor Benefit Plan designation
Under the Uniformed Services Former Spouse Protection Act, a former spouse can be designated as a Survivor Benefit Plan beneficiary if the spouse was previously listed as a spouse beneficiary, with the following considerations:
- Voluntary or court-ordered designation
- Divorce after retirement: The former spouse’s coverage will be the same amount as the spouse coverage.
- Divorce before retirement: The specific coverage level should be directed by court order.
- Former spouse remarriage before age 55: Eligibility as a beneficiary is lost unless the remarriage ends, and then eligibility is restored.
FAQs
After divorce, the former spouse is entitled to the Continued Health Care Benefit Program (CHCBP), which is the Tricare version of “COBRA” for three years. And as long as the spouse remains unmarried and was also awarded a share of the military retirement or SBP, the former spouse may remain on CHCBP for life.
What is the Uniformed Services Former spouses Protection Act divorce? ›
The Uniformed Services Former Spouse Protection Act: Allows state courts to divide disposable military retired pay between the service member and spouse. Allows former spouses to receive a portion of retired pay directly from the government in some circ*mstances.
Do I lose Bah if I get divorced? ›
Before we go any further in discussing BAH after divorce, we should point out that BAH is a benefit that is payable to the service member. Unlike some military benefits, BAH is not paid to a former spouse. However, while former spouses do not receive BAH, they may still benefit from BAH received by the service member.
Will the military pay to move my spouse after divorce? ›
Effect of divorce on military benefits
Moving costs: The military may pay the moving expenses of the non-military spouse returning home from an overseas duty station. The divorcing parties could negotiate the cost of an in-state move as part of the settlement.
Can my wife get half of my VA disability in a divorce? ›
No. Federal law – specifically, the Uniformed Services Former Spouses' Protection Act, found at 10 U.S.C. §1408 – exempts VA disability payments from division upon divorce. It is not an asset which can be divided at divorce as marital or community property.
Does my ex-wife get half my military retirement? ›
Direct Payment of Retired Pay to a Former Spouse
Under the USFSPA no more than 50 percent of a member's disposable retired pay will be sent as a direct payment. However, if there are garnishments for alimony or child support, up to 65 percent may be sent as a direct payment.
What is the 10 10 rule for military divorce? ›
Under the Uniformed Services Former Spouses' Protection Act (USFSPA), the 10/10 rule governs the method of payment. At least ten years of marriage overlapping at least ten years of military service is needed for direct payment from the retired pay center, usually the Defense Finance and Accounting Service (DFAS).
How long can a spouse stay on TRICARE after divorce? ›
Additionally, if you were married for at least 20 years, your former spouse served in the military for at least 20 years, and at least 15 of these years overlapped, then you're eligible for full TRICARE coverage for one year after the divorce under the 20/20/15 rule.
Can my wife take my GI Bill in a divorce? ›
A divorce after receiving the benefit will not affect the former spouse's eligibility. However, once you designate a spouse as a transferee, they retain the right to revoke or modify the transfer at any time.
What benefits do ex military wife get? ›
A variety of benefits are available to former spouses of servicemembers: TRICARE; access to exchanges, bases, and MWR facilities; retired pay; Survivor Benefit Plan (SBP) pay; and Social Security.
Resolve custody, property and financial issues. Many divorce issues facing military families are the same as those faced by civilian families. Child custody and visitation issues must be resolved, property must be divided and alimony and/or child support arrangements must be finalized.
Can a divorced military spouse stay on health insurance? ›
Former spouses may be entitled to TRICARE medical coverage if he or she meets certain requirements: The service member performed at least 20 years of creditable service. The marriage lasted at least 20 years.
What is the 10 10 10 rule for military divorce? ›
Under the Uniformed Services Former Spouses' Protection Act (USFSPA), the 10/10 rule governs the method of payment. At least ten years of marriage overlapping at least ten years of military service is needed for direct payment from the retired pay center, usually the Defense Finance and Accounting Service (DFAS).
What are military wives entitled to? ›
As a military spouse, you have access to career and education support, non-medical counseling, financial benefits and much more. All free and available 24/7.
What is considered spouse abandonment in the military? ›
Family law defines abandonment as the act of deliberately leaving one's spouse without consent (or notification, in many cases) with no intent of returning. If your service member spouse has left you, know that you have rights and are entitled to support.
How much is spouse separation pay in the military? ›
Wounded Warriors may also be eligible for Family Separation Allowance. The purpose of the Family Separation Allowance (FSA) is to provide compensation for added expenses incurred due to enforced family separation. Currently all types of Family Separation Allowance are payable in the monthly amount of $250.
