Category:
Garnishment

Subcategory:
Garnishment Inquiry

Created:
2021-05-14

Modified:
2026-09-17

Uniformed Services Former Spouses Protection Act

Question

Does the USFSPA have any other requirements that apply to retired pay as property awards only?

Answer

In order for a former spouse to qualify for direct payments of retired pay as property under the USFSPA, the former spouse must have been married to the member for 10 years or more during which the member performed at least 10 years of service creditable in determining the members eligibility for retired pay (the 10/10 requirement). The 10/10 requirement is a statutory requirement for direct payments under the USFSPA, and cannot be waived by the member. If the 10/10 requirement is not met, it does not mean that a former spouses retired pay award is invalid. It means only that it cannot be enforced by direct payments under the USFSPA. The 10/10 requirement does not apply to the enforcement of alimony or child support.

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