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What Gives A State Court The Power To Treat Military Retired Pay As Marital Property To Be Divided In A Divorce?

Other Military Divorce FAQs

• Q: Does The Usfspa Dictate How The Division Of Retired Pay Will Be Computed?
  A: No. With certain broad limitations, this is left to state courts to determine the percentage awarded to the spouse.
• Q: Did The Law Require State Courts To Divide Military Retired Pay?
  A: No, it only permitted state courts to treat it as property. At this time, all states, in one way or another, treat military retired pay as property in certain …
• Q: Then What Does The Act Cover?
  A: In overly simplistic terms, the Act specifies the limits placed on state courts and outlines how an application for direct payments will be processed.
• Q: How Do State Courts Determine How To Divide The Retirement?
  A: In community property states and many of the other states, a cut and dried formula is used when the member has already retired. But for an active duty member, there … More
• Q: Are There Limits On Forum Shopping By The Spouse?
  A: Yes, the FSPA has special jurisdictional requirements that must be met before a court has the power to treat retired pay as property. (This requirement is not present … More
• Q: What Is The Definition Of Disposable Retired Pay?
  A: It varies depending on when the marriage was dissolved. The current definition is found in the Act at (a)(4).
• Q: Does The Usfspa State When A Child Support Obligation Terminates?
  A: It is frequently assumed that there is an automatic termination of an obligation to pay child support when the child reaches 18. The Act is silent. Once again, it is … More
• Q: Does The Fspa State Who Is Responsible For The Payment Of Income Tax On The Share The Former Spouse Receives?
  A: Indirectly, under certain circumstances it does. A part of any settlement should be a clear understanding on what rules apply in a particular case, because unintended … More