This is Part II of a 2-part series on common issues and challenges military servicemembers and their spouses face during a divorce. Click here to read Part I on jurisdiction, the Servicemembers Civil Relief Act, and calculating military income for spousal or child support issues.
Part II
Will Military Retirement Pay be Divided, and if so, how?
One of the biggest issues you can encounter is the division of your or your spouse’s military retirement pay. The Uniformed Services Former Spouses' Protection Act (USFSPA) governs military retirement pay and provides the state courts the authority to divide a servicemember’s military retirement pay in a divorce.