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Military Personnel Services Division United States Army Signal Center, Fort Gordon, GA

UNIFORMED SERVICES FORMER SPOUSES' PROTECTION ACT (USFSPA)

Frequently Asked Questions    DFAS bulletin

GOVERNING LAW and AMENDMENTS: 

    Public Law 97-262, September 8, 1982

    Public Law 98-94, September 24, 1983

    Public Law 98-525, September 27, 1984

    Public Law 99-145, November 8, 1985

    Public Law 99-661, November 14, 1986

    Public Law 100-180, December 4, 1987

    Public Law 101-510, November 5, 1990

I.  DIVISION OF RETIRED PAY:     The USFSPA allows the Defense Finance and Accounting Service - Cleveland Center (DFAS-CL) to make direct payment of state-court-ordered divisions of military retired pay as property to certain former spouses.  Essentially, USFSPA allows direct payment to an ex-spouse where state law treats military retired pay as marital property in divorce.  The act does not create a Federal right to any portion of the military retired pay on behalf of the former spouse, but rather recognizes that the states may treat it as such, and acts as an enforcement mechanism.

Disposable pay.  One of the provisions of USFSPA is that direct payment may be made on disposable pay only.  For court orders issued on or before November 14, 1986 (or amendments thereto), disposable retired pay does not include the retired pay of a member retired for disability under 10 USC Chapter 61 (disability).   Disposable pay is defined as retired pay to which a member is entitled less amounts which--

• Amounts owed by the member to the United States for previous overpayments of retired pay and for recoupment required by law resulting from entitlement to retired pay.
• Amounts deducted from the retired pay of such member as a result of forfeitures of retired pay ordered by a court martial or as a result of a waiver of retired pay required by law in order to receive compensation under Title 5 (civil service) or Title 38 (Department of Veterans Affairs).
• In the case of a court order on or after November 14, 1986, the amount of the member's retired pay under Chapter 61, Title 10, USC, computed using the percentage of the member's disability on the date when the member was retired (or the date on which the member's name was placed on the temporary disability retired list)
• Amounts are deducted because of an election under Chapter 73, Title 10, USC (Survivor Benefit Plan), to provide an annuity to a spouse or former spouse to whom payment of a portion of such member's retired or retainer pay is being made pursuant to a court order.
• If the court order was issued before February 3, 1991, for amounts owed the United States.
• If the court order was issued before February 3, 19991, amounts withheld for federal and state income taxes to the extent that the amount is consistent with the member's tax liability.  This includes direct amounts for supplemental withholding under 26 USC 3402 (i) when the member presents satisfactory evidence of the tax liability (See 42 USC 659).

DIVISION OF RETIRED PAY IS TAXABLE TO FORMER SPOUSE:  For court orders finalized on or after February 3, 1991, payment to a former spouse for division of retired pay as property is taxable.  An IRS Form 1099R is sent to the former spouse annually.

II.  FORMER SPOUSE IDENTIFICATION AND PRIVILEGE CARD  To apply for a former spouse ID Card:

• Complete DD Form 1172 (Application for Uniformed Services Identification and Privilege Card).  DD 1172 is available from an ID Card issuing facility of any branch of service.
• Attach to DD 1172:
  • State-certified marriage certificate
  • Certified copy of final divorce decree
  • If the member is retired, DD Forms 214 (Certificate of Military Service) covering the 20 years creditable active service.  Note:   Until the mid 1970s, enlisted personnel received a DD Form 214 each time they reenlisted.  Officers usually have only one unless they have prior enlisted service.   A statement of service may be submitted in lieu of a complete set of DD Form 214.   A statement of service may be obtained as shown below.
  • A statement certifying that the former spouse is not enrolled in an employer-sponsored health insurance plan.
  • A statement certifying that the former souse has not remarried.  If the former spouse has remarried, but the remarriage has terminated, a copy of the termination document.
• A former spouse who has all required documents may present everything to a local ID Card issuing facility of the parent service for issue of an ID Card.
• The former souse of a retired Army member should apply for a statement of service from:  Commander, U. S. Army Reserve Personnel Center, ATTN:  DARP-VSE-C, 9700 Page Boulevard, St. Louis, MO 63132-5200.  The former spouse of an active duty Army member may apply for a statement of service from the member's military personnel office.
• ALWAYS CHECK ON THE CURRENT PROCEDURES BY CONTACTING AN ID CARD ISSUING FACILITY BEFORE ATTEMPTING TO OBTAIN AN ID CARD IN PERSON OR BY MAIL.

NOTE:  All benefits named in the above chart are subject to amendments of the law and by certain standing criteria which must be met.  The Retirement Services Officer or a military legal office should be contacted for specific information about each benefit entitlement.

FORMER SPOUSE SURVIVOR BENEFIT PLAN (SBP):  In order for a former spouse to be entitle to designation as beneficiary under the Survivor Benefit Plan the following must be met:

• An SBP election for spouse coverage must have been elected by the member at the time of retirement or by subsequent enrollment during an open season.
• Former spouse has a one year period after the date of the divorce in which do process a "deemed election" to the Finance Center.  Noncompliance with this stipulation excludes former spouse from all future SBP entitlements.

This page was last updated 11 December 2008