Determining Benefits for Former Spouses of Military Personnel
| Publication year | 1990 |
| Pages | 1073 |
| Citation | Vol. 19 No. 6 Pg. 1073 |
1990, June, Pg. 1073. Determining Benefits for Former Spouses of Military Personnel
In addition to possessing a working knowledge of the Uniformed Services Former Spouses' Protection Act(fn1) ("FSPA") and its regulations, family law practitioners who handle FSPA cases must assimilate substantial information about the military retired pay system in order to protect a client's rights thoroughly. Unfortunately, few attorneys are sufficiently familiar with the FSPA or military retirement pay.
For example, attorneys frequently appear unaware as to what military benefits, if any, a former spouse (by reason of divorce, dissolution or annulment) might be entitled. Yet, this information is detailed in the FSPA and subsequent amendments, which not only authorize direct payment of a portion of a military retiree's pay to the former spouse, but also extend some base privileges to certain former spouses.
This article summarizes the privileges granted and the criteria for entitlement as of June 1, 1990. Throughout the article, the term "divorce" refers to dissolution and annulment actions also. Several amendments to the FSPA are pending, as former spouses attempt to expand the medical coverage of "20/20/15" spouses (as defined below).
In this author's experience, attorneys often do not think to interject the military benefits issue into the negotiation process of a divorce. While there is no objective method by which a value can be placed on each benefit, attorneys representing the military spouse generally urge the court to recognize the nature and extent of these benefits in setting an equitable award. Conversely, counsel for the non-military spouse often argue that the benefits are a matter of right under the FSPA and should not be considered by the court. Either argument may win out, depending on the reasoning of the judge before which they are given.
It is important to realize that the nature of the entitlements cannot be extended by agreement or court order. Thus, orders which purport to grant the former spouse a list of benefits that extend beyond the FSPA are unenforceable and only serve to confuse the issue.
Full military benefits (medical, commissary, base exchange and theater) are extended to an...
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