Northern Virginia USFSPA Divorce Attorneys
The Uniform Services Former Spouses Protection Act (USFSPA) was passed in 1982 as a way to help secure the rights of military spouses who were going through a divorce. The USFSPA addresses the protection of a variety of rights associated with non-military divorces that had become ambiguous in divorces where one of the spouses was a member of the armed services.
Among the key provisions of the USFSPA are those regarding jurisdiction over the division of retirement accounts and how payments are disbursed. At the Nova Family Law Group, our Fairfax military divorce attorneys have substantial experience handling a broad range of complex divorce proceedings. We have a complete understanding of the provisions of the USFSPA, and we have helped numerous clients in these types of cases.
If you are in the process of a divorce and have concerns about your and your spouse's rights with regard to pensions and retirement accounts, our attorneys will provide a thorough review of your case and give you honest answers to your questions.
State Court Jurisdiction Under the USFSPA
One of the most important things that the USFSPA did was to give state courts the authority to treat military pensions and other retirement pay as marital property. Under the Act, state courts can now award the non-servicemember spouse up to 50 percent of retirement pay, but is not required to do so.
The 10/10 Rule in Military Divorce
Many non-servicemember spouses mistakenly believe that the 10/10 rule is what gives them the right to the servicemember's retirement pay. In fact, it has nothing to do with either spouse's right to benefits.
The 10/10 rule simply states that if the non-servicemember spouse has been married to the servicemember for at least 10 years and that 10 of those years counted as creditable years of military service, the non-servicemember spouse is able to receive his or her designated share of the retirement pay via direct payment from the Defense Finance and Accounting Service (DFAS).
Discuss Your USFSPA Questions With a Lawyer
To schedule an appointment, you can reach us by phone at 703-763-0980, toll free at 866-639-8801 or send us an e-mail.
