How Do State Courts Determine How To Divide The Retirement?
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 may be no state law that specifies how the award is to be calculated.
Depending on who was to receive the larger award, there are at least twelve arguably fair methods of calculating the former spouse`s share. All would be acceptable under the FSPA!
Other Military Divorce FAQs
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Q:
What Gives A State Court The Power To Treat Military Retired Pay As Marital Property To Be Divided In A Divorce?
A: In 1982 Congress passed a law, the Uniformed Services Former Spouses` Protection Act, that permits state courts to treat military retired pay as property. The law was … More -
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:
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
