Frequently Asked Questions
Are former spouses of military retirees automatically entitled to a portion of the retirees' retired pay?
No, there is no Federal law that automatically entitles a former spouse to a portion of a member’s military retired pay. A former spouse must have been awarded a portion of a member’s military retired pay in a State court order.The Uniformed Services Former Spouses’ Protection Act (USFSPA), Title 10, United States Code, Section 1408, passed in 1981, accomplishes two things.First, it authorizes (but does not require) State courts to divide military retired pay as a marital asset or as community property in a divorce proceeding.Second, it provides a mechanism for a former spouse to enforcea retired pay asproperty award by direct payments from the member’s retired pay.Retired pay as property payments are prospective only.Retired pay arrears cannot be collected under the USFSPA.
May a former spouse enforce any other types of court-ordered awards under the USFSPA?
Does the USFSPA place any restrictions on the power of State courts to divide military retired pay?
Does the USFSPA have any other requirements that apply to retired pay as property awards only?
How does a former spouse apply for direct payments under the USFSPA?
Why would DFAS send a former spouse a rejection letter stating that in order to complete the USFSPA application, the former spouse must obtain a new order clarifying the former spouse's retired pay as property award?
How long does it take for a former spouse to begin receiving direct payments under the USFSPA once DFAS approves the application?
What if a member had been paying a former spouse's retired pay award by voluntary allotment prior to the former spouse's applying to receive direct payments under the USFSPA?
How much will a former spouse receive under the USFSPA?
What are the authorized deductions to be used in computing a member's disposable retired pay?
What if a former spouse needs to update or change information such as a bank account or mailing address?
Are USFSPA retired pay as property payments taxable to the former spouse?
What type of information may a former spouse receive regarding a member's retired pay account?
Can a former spouse qualify for direct payments under the USFSPA based on an order issued by a court of a foreign country?
Where can I get Survivor Benefit information?
How do I report the death of a former spouse to DFAS.
What happens to USFSPA payments going to a former spouse when the member or the former spouse dies?
How can a former spouse or attorney obtain total retirement points or pay information for a service member?
