Category:
Retiree - Ask a Question

Subcategory:
Disability Entitlements – Questions

Created:
2025-05-08

Modified:
2025-05-08

Court orders and CRDP and CRSC to former spouse

Question

Are Concurrent Retirement and Disability Pay (CRDP) and Combat Related Special Compensation (CRSC) entitlements subject to a court-ordered division of pay that is payable to a former spouse?

Answer

The Uniformed Services Former Spouses' Protection Act (USFSPA) does not automatically entitle a former spouse to a portion of the member's retired pay (with or without the CRDP exemption) or CRSC pay. A former spouse must have been awarded a portion of a member's military retired pay as property in their final court order.  Court orders enforceable under the USFSPA include final decrees of divorce, dissolution, annulment, legal separation, and court-ordered property settlements incident to such decrees. The pertinent court order must provide for the payment of child support, alimony, or retired pay as property, to a former spouse.

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