Service Members and Spouses should know Their Rights Under USFSPA

Divorce, child custody and child support proceedings in Salt Lake County involving active duty and retired military personnel frequently present issues that can be unique to service members. Federal laws, such as the Uniformed Services Former Spouses’ Protection Act, have been enacted to authorize courts in Utah and other states to deal with issues of military benefits and providing a means of enforcing state orders.

In a divorce, the spouse of service members are not entitled under military laws to share in military benefits such retirement payments. The USFSPA grants states the power to treat retirement pay as marital property to be distributed as part of divorce.

State court orders awarding military retirement pay to a former spouse must be state the amount as a percentage of the retirement pay less deductions allowed under the law, or it may express it as a predetermined dollar amount. A former spouse who was married for at least 10 years to a service member who was in the military for 10 years or more may apply to the federal Department of Finance and Accounting to receive the payments directly from the government.

The UFSPA also offers former spouses the opportunity to enforce child support orders and spousal support orders by receiving payments from the service member’s retirement pay. Child support arrears may be collected in this manner as well as currently due payments provided order directing the payment of the arrears is no more than two years old. Spousal support arrears may not be collected in this manner.

In situations in which the service member was on active duty when the divorce proceeds took place, the Uniformed Services Former Spouses’ Protection Act offers protection to the military member. The Utah court proceedings must have been in compliance with the Servicemember’s Civil Relief Act for the former spouse to be able to take advantage of the rights provided in the USFSPA.

Service members and their spouses needing additional information about the federal laws pertaining to divorce, child support and related issues should speak to an attorney with knowledge of military divorce.

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Sandra Zaragoza

I’m so grateful for attorney Nicholas Schwarz and paralegal Carren Leavitt at Brown Family Law. From day one, they were ready to work with me immediately, making my case feel like a top priority. Their organization is exceptional, every detail was handled with care and efficiency. Most importantly, their commitment to communication stood out. They kept me informed every step of the way, answered questions promptly, and made sure I fully understood my options.

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They got my dovorce going and stayed in contact with me every week. Every step of the way anytime I had questions they were answered fast. They made it so much easier.

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Clay was great to work with! He was very willing to explain everything I needed to know and helped me understand the options on my case. Very easy to work with.

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Jennifer and Dani, as well the rest of the team went above and beyond when it came to my case.
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Marco and his team at Brown Family Law have created nearly the perfect system for getting divorced in Utah. From the initial intake, to gathering all of the necessary documentation, to the client communication in between. There is so much work that goes into getting divorced, but with Marco and his team you'll always know where you are in the process and what happens next, which is such a comfort. Would highly recommend.

Mack

I would give them 10 stars if I could. Clay was professional and super organized. He took the time to explain everything. I would highly recommend him for any family law needed. Melanie was a godsend. She not only kept me continually informed of the progress, she sent texts of encouragement and support throughout the entire process. I would give her 100 stars for going above and beyond to make this experience less stressful. Her encouragement and genuine caring were comforting and calming. The entire staff at Brown Law are on your side and if you are lucky enough to get Clay and Melanie on your team you will not be disappointed. Thanks! Mack M.

Response from the owner:Wow, thank you so much. Melanie is great. Glad she helped you so well.

Alex Rogers

Nathaniel was an incredible partner throughout the divorce process. He was organized, responsive and respectful of my wishes while simultaneously giving me guidance and advice. I would recommend him to anyone.

Christie Cisneros

I couldn’t have made it through my divorce without Clay and his team! I am forever thankful for the hours and time spent with me to help navigate an extremely difficult time in life. They’re reliable, knowledgeable, and know how to get things moving in an efficient manner. Nothing but good to say here!!

Halie Bates

Working with Daniel Young at Brown Family Law was a truly positive experience during one of the most difficult times of my life. From the start, Daniel was knowledgeable, compassionate, and incredibly responsive.
If you need a family law attorney who combines expertise with empathy, I cannot recommend Daniel Young enough. He is a true advocate and a credit to Brown Family Law.

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Service Members and Spouses should know Their Rights Under USFSPA

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