The Uniform Services Former Spouse Protection Act

The Uniformed Services Former Spouses Protection Act (USFSPA), a federal statute, governs the calculation and division of military pension benefits in a divorce case. Also, soldiers are provided some procedural protections under the Servicemembers' Civil Relief Act of 2003 (SCRA) which superseded the prior Soldiers' and Sailor's Civil Relief Act of 1940 (SSCRA). The SCRA contained several updates and new protective provisions for soldiers and service members that the Soldiers' and Sailors' act did not contain. While the changes were more pertinent to tax, insurance, and other civil litigation issues, the provisions related to divorce and custody cases from the SCRA were maintained.

In upcoming articles, we will be discussing many of these protections that are in place for our active duty soldiers and what these protections mean to their spouses. We will also be discussing legislative initiatives that are underway to provide additional protections for soldiers with regard to custody litigation while they are deployed and in active duty status.