Military members marry, divorce, and deal with family just like everyone else. However, the nature of military service means that the law must be adapted to serve their unique needs at times. The Uniformed Services Former Spouses’ Protection Act (USFSPA) is a good example of this adaptivity that can help keep military service members and their former spouses in good shape even after a divorce.
History of the Law
The USFSPA sets out regulations which must be followed by civilian courts in awarding military retirement pay as an asset in the division of a marital estate. It does not give a former spouse an automatic share in retirement pay; it merely grants the court the right to see such pay as an asset. The Act also allows civilian courts to enforce orders for child or spousal support against active or retired military service members.
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