Navigating the Former Spouse Protection Act.
Florida Bar Journal › Vol. 71 Nbr. 11, December 1997
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Navigating the Former Spouse Protection Act.
In the early 1980's Congress enacted legislation overturning the U.S. Supreme Court decision in McCarty v. McCarty, 453 U.S. 210 (1981), which held that a military pension was the separate property of the service member and not subject to division in a dissolution of marriage action. In the 15 years since the enactment of the Former Spouse Protection Act (FSPA), controversy surrounding the fairness of this legislation, and the implementation of the FSPA by the various states, has raged in Congress. This article will discuss the McCarty decision and its merits, the FSPA and its several amendments, Florida's approach to division of military pensions, and a brief overview of application of the FSPA in other states.
The McCarty Decision On June 26, 1981, the Court held that, in a dissolution of marriage, federal law precluded a California court from dividing military nondisability pay pursuant to state community property laws. The Court found that dividing a military pension in state court threatened grave harm to "clear and substantial" federal interests such as pro...See the full content of this document
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