Division of Military Disposable Retired Pay in Divorce Proceedings
Under a federal law called the Uniformed Services Former Spouse Protection Act (USFSPA for short), Missouri courts are empowered to divide a service members disposable retired pay in the same manner as property. Since disposable retired pay is a federal government entitlement and not a pension plan, the rules under ERISA do not apply, and the entitlement does not require a Qualified Relations Domestic Order. However, certain restrictions and requirements do apply for a spouse to receive a portion of the retired pay.
In all cases where a member is on active duty at the time of divorce, the member's rights under the Soldiers and Sailors Civil Relief Act must be observed. Also, a member must be married for 10 years during which the member performed at least 10 years of creditable military service. This is called the10/10 rule. It is important to note, however, that a service member is not even eligible to receive disposable retired pay unless he or she has served for at least 20 years. A spouse or former spouse cannot receive something that the service member is not entitled to receive.
Continue Reading...