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Are There Limits On Forum Shopping By The Spouse?

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 when the application made for an award of child support or spousal maintenance.)

The Act states in section 1408(c)(4):
A court may not treat the disposable retired or retainer pay of a member in the manner described (above) unless the court has jurisdiction over the member by reason of (A) his residence, other than because of military assignment, in the territorial jurisdiction of the court, (B) his domicile in the territorial jurisdiction of the court, or (C) his consent to the jurisdiction of the court.

This provision is one of the protections for the member in the Act, but few attorneys seem to consider this provision in planning the strategy for the case. It is much more restrictive that the usual state rules as to when a court has jurisdiction over a party to litigation, and it is vital that the attorney representing either party fully consider the implications of this rule.

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: 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: 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: 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

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