Complaint Processes (USFSPA)

Select one of these topics:

What statutes regulations are applicable to the Uniformed Services Former Spouse's Protection Act (USFSPA)?

What is the Uniformed Services Former Spouses' Protection Act (USFSPA)?

How is the military retainer/retired pay distributed to the former spouse?

Does a former spouse retain medical benefits?

Does a former spouse retain commissary and exchange privileges?

Does the USFSPA provide for child support and alimony?

Does a former spouse automatically receive a portion of the member's retire pay?

How do I apply for payments under the Act?

How do I get an application for former spouse payments from retired pay?

The USFSPA allows state courts to treat military retainer/retired pay as marital property. It also allows some former spouses to retain commissary and exchange privileges, military health care, and designation as a Survivor Benefit Plan (SBP) beneficiary. Finally, the USFSPA provides a method of enforcing current child support and alimony awarded in a court order.

The USFSPA recognizes the right of state courts to distribute military retainer/retired pay to a former spouse as part of a property settlement. It also provides a method of enforcing these orders through the Defense Finance and Accounting Service (DFAS). A spouse need NOT have been married to the service member for 10 years to be entitled to a portion of retainer/retired pay. The amount awarded, if any, is determined by state law.

DFAS can garnish a former spouse’s share of retainer/retired pay directly from the service member’s retainer/retired paycheck IF the former spouse was married to the service member for 10 years, during which the service member performed 10 years of creditable service.

The maximum share that can be garnished as spousal property is 50% of disposable retainer/ retired pay. In cases where there are payments due both as spousal property and alimony/child support, the maximum amount that can be garnished is 65%. Additionally, amounts not garnished by DFAS can be collected by other means if there is a court order to do so.

Benefit for a former spouse may include CHAMPUS coverage (up to age 62) and inpatient or outpatient care at a military treatment facility.

An unremarried 20/20/20 former spouse (and a 20/20/15 former spouse whose divorce was final before 1 April 1985). These benefits are extinguished upon subsequent remarriage and the privileges will not "revive" if the subsequent marriage is terminated by any cause other than annulment. See 10 U.S.C. §§ 1072(2)(F), 1076(b) and 1086(c).

If the marriage coincides with active duty for less than 20 years but at least 15 years (20-20-15), the former spouse is entitled only to full health insurance for one year, after which a conversion policy may be purchased. Former spouses who do not meet either criteria can purchase a group policy from Mutual of Omaha. All these privileges are lost upon remarriage of the former spouse.

Former spouses are eligible for commissary, and exchange privileges if married to a service member for at least 20 years AND the service member completed 20 years active duty AND the marriage coincides with active duty for at least 20 years (20-20-20). A 20/20/20 former spouse's full commissary and exchange privileges are suspended upon remarriage but are "revived" when the subsequent marriage is terminated in any manner. A 20/20/15 former spouse is not entitled to full commissary and exchange benefits. See 10 U.S.C. §§ 1062 and 1072(2)(F)(i).

The USFSPA also provides an enforcement mechanism for court-ordered alimony and child support. If support is ordered by a state court, DFAS can garnish wages directly from military pay. To avoid garnishment, the member is encouraged to institute a voluntary allotment with DFAS.

When a married service member retires, he or she is automatically enrolled in the Survivor Benefit Plan (SBP) with the spouse as beneficiary, unless affirmative action is taken to modify SBP. Under SBP, a portion of retainer/retired pay is deducted from each retirement check; when the retiree dies the beneficiary will receive continued payments in proportion to the amount deducted. As part of a divorce decree, state courts can now require a service member to name an ex-spouse as SBP beneficiary. However, DFAS does not enforce these elections unless the ex-spouse was a SBP beneficiary during the marriage. A former spouse beneficiary will lose SBP coverage if remarried before age 55.

Former spouse SBP coverage is generally irrevocable. However, if a retired member remarries, they may change the coverage from a former spouse to a current spouse with the former spouses written consent. Such a request for change must be submitted to DFAS-CL within one year of the date of remarriage. If the former spouse SBP coverage was ratified or approved by a court order, the court order must be amended within one year.

The information above is general in nature, and may or may not apply to your particular case. If you have any questions, a NLSO Legal Assistance Attorney can help you to understand how the USFSPA impacts your individual case. Call the Naval Legal Service Office to make an appointment to speak with a NLSO Legal Assistance Attorney.

The Uniformed Services Former Spouses' Protection Act (the Act), 10 U.S.C. 1408, recognizes the right of state courts to distribute military retired pay to a spouse or former spouse (hereafter, the former spouse) and provides a method of enforcing these orders through the Department of Defense. The Act itself does not provide for an automatic entitlement to a portion of the member's retired pay to a former spouse. A former spouse must have been awarded a portion of a member's military retired pay as property in their final decree of divorce, dissolution, annulment, or legal separation (the court order). The Act also provides a method of enforcing current child support and/or arrears and current alimony awarded in the court order. See the Defense Finance and Accounting Service (DFAS) website for more details.

Court orders enforceable under the Act include final decrees of divorce, dissolution, annulment, and legal separation, and court-ordered property settlements incident to such decrees. Orders dividing retired pay as property to be enforced under the Act, a member and former spouse must have been married to each other for at least 10 years during which the member performed at least 10 years of creditable military service (the 10/10 rule). Also, to enforce orders dividing retired pay as property, the state court must have had jurisdiction over the member by reason of, (1) the member's residence in the territorial jurisdiction of the court (other than because of his military assignment), (2) the member's domicile in the territorial jurisdiction of the court, or (3) the member's consent to the jurisdiction of the court, as indicated by the member's taking some affirmative action in the legal proceeding. The 10/10 rule and the jurisdictional requirement do not apply to enforcement of child support or alimony awards under the Act.

The maximum that can be paid to a former spouse under the Act is fifty percent (50%) of a member's disposable retired pay. In cases where there are payments both under the Act and pursuant to a garnishment for child support or alimony under 42 U.S.C. § 659, the total amount payable cannot exceed sixty-five percent (65%) of the member's disposable retired pay.

In order to apply for payments under the Act, a completed application form (DD Form 2293) signed by a former spouse together with a certified copy of the applicable court order certified by the clerk of court within 90 days immediately preceding its service on this Center should be served either personally or by facsimile or by mail, upon the:

Defense Finance and Accounting Service.
Cleveland DFAS-GAG/CL.
PO Box 998002.
Cleveland, Ohio 44199-8002.
(216) 522-5301 (Customer Service)

Fact sheets explaining the process and the application forms are available online on the Garnishment under "Uniformed Services Former Spouses' Protection Act" page of the DFAS website.