questions & answers

Question: I have a question regarding The Uniform Services Former Spouses Protection Act. I retired from the military in 2010 and married my current spouse in 2012. We were not married nor had any relationship while I was on active duty. My question is, if my spouse and I are divorced is she protected under The Uniform Services Former Spouses Protection Act? Basically is she entitled to any portion of my retirement pay in case of a divorce?

Answer: Military retirement is considered community property if it is earned during the marriage.  Divisions of military pensions at divorce are based on how long you were married during your years of service and rank at the time of the divorce.  If all of your military pension was earned before a marriage took place, that pension should be that persons sole and separate property and not subject to division in divorce.The Uniform Services Former Spouses Protection Act is the overarching federal statute that governs how pensions are divided.  You will find an article with more detailed information on http://www.lawforveterans.org.