MilitarySpot.com

Serving the U.S. Army, Navy, Air Force, Marines, Coast Guard and National Guard

Follow MilitarySpot:
 
  • Home
  • Enlist
    • Join The Army
    • Join The Navy
    • Join The Air Force
    • Join The Marines
    • Join The Coast Guard
    • Join The National Guard
    • ASVAB
    • Army Physical Fitness Test
    • Military Draft
    • Prior Service Army Enlistment
  • Career
    • Join the Military
    • Jobs for Military and Civilians
    • Career Center
    • Prior Service Army Enlistment
    • Criminal Justice
  • Education
    • Online Schools
    • Spouse Education Benefits
    • GI Bill
    • Military Schools
    • Criminal Justice
  • Benefits
    • Army Benefits
    • Navy Benefits
    • Air Force Benefits
    • Marine Corps Benefits
    • National Guard Benefits
    • Coast Guard Benefits
    • Veteran Benefits
    • Basic Pay Rates
    • Allowances
    • Special & Incentive Pay
    • Military Spouse Education Benefits
    • VA Education Benefits
    • GI Bill
  • News
    • Headline News
  • Finance
    • Debt Relief
    • Military Pay Rates
    • Military Personal Loans
    • VA Loans
    • Military Star Card
    • Military MyPay
  • Spouses
    • School Finder
    • Scholarships & Grants
    • PCS, DITY, & Moving
    • Pay Rates
    • MyCAA
    • Education Benefits
  • Community
    • Military Games
    • Military Reunions
    • Classifieds
    • Photo Gallery
    • Buddy Finder
    • MilitarySpot Pinups
    • Military Bases
  • Resources
    • Military Alphabet
    • Military Reunions
    • Military Acronyms
    • Currency Converter
    • Military Tools
    • Ranks
    • Military Time
    • Military Tactics
    • Military Discounts
    • Military Games
    • Military Videos
    • Photo Gallery
    • Infographics
    • How To
  • Travel

Former Spouses’ Protection Act – Maximum Payment Amount

The maximum that can be paid to a former spouse under the USFSPA is 50 percent of a member’s disposable retired pay. In cases where there are payments both under the USFSPA and pursuant to a garnishment for child support or alimony under 42 U.S.C. 659, the total amount payable cannot exceed 65 percent of the member’s disposable earnings for garnishment purposes.

Disposable retired pay is gross retired pay less authorized deductions. The authorized deductions depend on the effective date of the parties’ divorce, dissolution, annulment or legal separation.  If the date was on or after February 3, 1991, the authorized deductions are:

  • Amounts owed to the United States for previous overpayments of retired pay and for recoupments required by law resulting from entitlement to retired pay.
  • Forfeitures of retired pay ordered by court-martial.
  • Amounts of retired pay waived in order to receive compensation under Title 5 (federal civilian employment) or Title 38 (Department of Veterans Affairs) of the United States Code.
  • The amount of the member’s retired pay under 10 U.S. Code Chapter 61 (Retirement or Separation for Physical Disability) computed using the percentage of the member’s disability on the date when the member was retired (or the date on which the member’s name was placed on the temporary disability retired list).
  • Premiums paid as a result of an election under 10 U.S. Code Chapter 73 (Survivor Benefit Plan) to provide an annuity to a spouse or former spouse to whom payment of a portion of such member’s retired pay is being made pursuant to a court order.

If a former spouse was awarded a percentage of a member’s disposable retired pay, changes in the member’s authorized deductions will result in a change in the amount the former spouse receives.

Percentage awards will automatically receive a proportionate share of the member’s cost-of-living adjustments (COLAs), but COLAs are not available for fixed dollar amount awards, even if COLAs were awarded in the court order.

The right to payments under the USFSPA terminates upon the death of the member or former spouse, unless the applicable court order provides that the payments terminate earlier.

Comments

Filed Under: Air Force, Army, Benefits, Coast Guard, Marines, National Guard, Navy, Spouses

  • News
  • Enlist
  • Education
  • Career
  • Finance

DoW Reviews Safety Preparations Ahead of World Cup

JUNE 9, 2026 – Joint Interagency Task Force 401 recently visited Kansas City, Missouri, to meet with federal, state, and local law enforcement and public safety partners ahead of the 2026 FIFA World Cup. The visit highlighted Kansas City’s readiness and the interagency coordination required to protect facilities, fan areas and surrounding communities from unauthorized […]

Air National Guard Unveils New Bonus Program

MARCH 11, 2023 – On March 1st, the Air National Guard (ANG) launched a new bonus program to attract and retain personnel in critical specialties. The initiative offers significant financial rewards, with bonuses of up to $90,000 for eligible members, depending on their Air Force Specialty Codes (AFSCs). This strategic move aims to strengthen the […]

Military Students’ Tips to Balance Service and Studies

OCTOBER 10, 2025 – Studying in college while serving in the military can be highly rewarding but also extremely demanding in some respects. Military members, veterans, and their families typically balance demanding duty schedules, deployments, family responsibilities, and school schedules. It requires careful planning, flexibility, and being willing to seek and take advantage of available […]

Summer Spike in Military Retirements: Easing the Transition to Civilian Life

JUNE 5, 2026 – There are typically about 95,000 to 110,000 retirements from the military in a given year, as service members conclude careers that have often spanned more than two decades, crossing the 20-year service threshold required to access military retirement benefits. These retirements tend to steadily occur as the year rolls on; however, […]

Why Veterans with Disabilities Need ABLE Accounts

MAY 18, 2026 – For many veterans living with disabilities, financial security can be a familiar challenge.  A little-known financial tool – called an ABLE account – can offer help.   Achieving a Better Life Experience accounts (“ABLE” accounts) have existed since 2016, and a landmark eligibility expansion that took effect January 1, 2026 is making […]

Recent Posts

  • DoW Reviews Safety Preparations Ahead of World Cup
  • DoW Releases List of Chinese Military Companies in U.S.
  • USS Iwo Jima Returns from Deployment
  • Army Engineers Train Ukrainian Military Officers
  • The True Cost of a DUI for Soldiers
MAINMENU




SITESEARCH
Can't find something? Try using our site search to dig through our entire site.



Still having trouble? Try the Advanced Search to refine your searches.
NEWSLETTERSUBSCRIBE
Sign Up To Receive Information, Updates and Special Officers from MilitarySpot.com.



Don't miss an issue! Jump in the Newsletter Archives to catch up on previous issues.
FOLLOWMILITARY SPOT

Follow us on Facebook, Twitter & StumbleUpon and more. Keep up with MilitarySpot.com news & updates. We also have an RSS Feed.

Advertise | About | Contact | Feedback | Unsubscribe | DMCA | Privacy Policy | Terms of Use
 
Copyright 2004-2026 Sun Key Publishing. All Rights Reserved.



 
This is not the official recruiting website of the U.S. Military. The site you are on is run by Sun Key Publishing, a private company, and is not endorsed by or affiliated with the U.S. Military.