What is the Uniform Services Former Spouses Protection Act (USFSPA) and how does it affect Military Divorce?

What is the Uniform Services Former Spouses Protection Act (USFSPA) and how does it affect military divorce cases in Louisville?  Military divorce cases in Louisville and throughout Kentucky usually involve many complex legal issues, guided by several codes within the law including the “Uniform Services Former Spouses’ Protection Act” (USFSPA), as well as the Service members Civil Relief Act (SCRA).

How is a military divorce different from a civilian divorce?  How is property divided, and what happens to retirement and other benefits?  What is the 20/20 rule or the 10/10 rule?  What usually happens in child custody scenarios?  What should a service person or their spouse be concerned about and focused upon?  Divorce is one of the most difficult challenges many people face, and a military divorce can add a few more hurdles.

The primary issue that the USFSPA addresses is how retirement and other benefits are to be handled when a divorce involves active or retired military personnel.  The act addresses the division of retirement accounts and benefits, and how are those divided between the military member and their spouse.  Common phrases such as “20/20”, “20/20/20”, “20/15” or “10/10” relate to the number of years of the marriage in relation to the years of service for the military spouse.  In essence, the longer the parties were married while one of the parties was engaged in military service, the greater the share in the military retirement and benefits that are awarded to the former spouse.

These can be complex calculations, and it is important to understand all of the laws relating to retirement, as well as BX and medical benefits, child custody, child support and spousal maintenance when approaching a military divorce.  The experienced military divorce attorneys at Dodd & Dodd understand the unique issues facing military families, as well as all of the legal issues associated with a contested divorce in these circumstances.  We invite you to contact us or call 502-584-1108 to learn more about the Uniform Services Former Spouses Protection Act (USFSPA) and the unique aspects of a military divorce in Louisville or across the State of Kentucky.