Military Divorce Laws

Military Divorce Law

Military Law and Divorce

When it comes to military law and divorce, most of the focus... or what grabs both the service member's and former military spouse's immediate attention is the laws set out in the USFSPA.

There are constant suggestions and proposals to congress for new laws pertaining to military spouse retired pay.

The USFSPA is a federal law declaring that states may treat military retirement pay as marital property. Each state then decides how to divide this marital property. The links on this page provide further education and direct sources to the U.S. Codes concering military law and divorce.

The intention is to provide sources to information states in internet articles so that when you are asked, "Where does it say that?" the answer can be of greater weight than, "I read it on a website." Instead, you will have the U.S. Code concerning military law and divorce.

Military Law and Divorce

Cornell University Law School maintains the U.S. Military Law Codes online.

Title 10 - Armed Forces General military law is found in Subtitle A, §§ 101-2925, and subtitles B through E cover separate code applicable to Army, Navy, Marines, Air Force, and Reserves.
Below are links to the most frequently used military law and divorce chapters. Often a topic will have aspects that are contained in several different chapters so it's important to get comfortable flipping (or clicking) amongst the different U.S. Codes on military law and divorce.
While some critical and frequently discussed topics are provided with direct links, this does not mean one should avoid reading the links provided in the main index
Too much reading? For a quick overview of military law and divorce, consider Military Divorce Tips.

Computation of Retired Pay, Title 10, Chapter 71
- Title 10 > Subtitle A > Part II > Chapter 71 , Computation of Retired Pay (Full Index)
  - § 1408, Payment of Retired or Retainer Pay in Compliance with Court Orders
Annuities Based on Retired Retainer Pay, Title 10, Chapter 73
- Chapter 73 > Annuities Based on Retired Retainer Pay (Full Index)
  - Subchapter II - Survivor Benefit Plan (Full Index)
    - § 1448, Application of Survivor Benefit Plan
Death Gratuity: Eligible Survivors, Title 10, Chapter 75
- Chapter 75 > Deceased Personnel (Full Index)
  - Death Benefits (Full Index)
    - § 1477, Death Gratuity: Eligible Survivors

Aside from the U.S. Codes, one also had the DoD Federal Management Regulations which can be found in further discussion of Military Divorce Rights.

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Military Divorce Laws