How the USFSPA Impacts Your Right to Pension Benefits in a Fort Lauderdale Military Divorce
Retirement pay is often the most valuable asset in a military divorce, but it comes with complex rules. If you or your spouse served in the armed forces, the Uniformed Services Former Spouses’ Protection Act (USFSPA) determines whether you are entitled to a share, how much you can receive, and how payments get made.
Our experienced Fort Lauderdale military divorce lawyer helps clients in these cases and explains what you need to know about how the USFSPA applies under Florida law.
What the USFSPA Actually Does
The Uniformed Services Former Spouses’ Protection Act, or USFSPA, is a federal law that authorizes courts to classify military retirement benefits as marital property in divorce proceedings. Without the USFSPA, state courts would have no jurisdiction.
With it, a service member’s retirement pay is subject to equitable division, just as with a civilian 401(k) or pension. Here’s how it works in a Fort Lauderdale military divorce:
- Under the Florida Statutes, any part of a military pension earned during marriage is subject to equitable division.
- The USFSPA caps the total amount a former spouse can receive at 50 percent of the service member’s disposable retired pay.
- VA disability compensation can reduce the disposable retired pay available for division.
- The Thrift Savings Plan, which functions like a military 401(k), is governed separately and requires a Retirement Benefits Court Order.
Unlike in a civilian divorce, remarriage does not affect a former spouse’s right to receive military retirement pay already awarded by a Florida court.
The 10/10 Rule and Direct DFAS Payments
One of the most misunderstood concepts in a Fort Lauderdale military divorce is the 10/10 rule. If the marriage lasted at least 10 years and overlapped with at least 10 years of the service member’s creditable military service, the Defense Finance and Accounting Service, or DFAS, can pay the former spouse’s share of pension benefits.
If it does not meet the 10/10 threshold, the Broward County court can still award a portion of the pension, but the military member is responsible for those payments. Other important financial considerations in a USFSPA case include:
- Whether the service member receives VA disability pay, which reduces the disposable retired pay.
- Survivor Benefits, which protect a former spouse’s benefits after the service member’s death.
- How to calculate the marital fraction of the pension using service dates, marriage dates, and retirement dates.
- Whether a court order contains all the required language to ensure timely and accurate direct payments.
Errors in drafting or submitting these orders can result in delayed payments or the loss of benefits.
Contact Our Experienced Fort Lauderdale Military Divorce Lawyer
Dividing pension benefits is one of the most complex aspects of a Fort Lauderdale military divorce. To protect your rights, get an experienced Fort Lauderdale military divorce lawyer on your side.
At Vanessa L. Prieto Law Offices, we have the experience and legal knowledge needed to ensure you get the total amount you are entitled to. Call or contact us online to request a consultation today.
Sources:
dfas.mil/garnishment/usfspa/
flsenate.gov/Laws/Statutes/2023/61.075
