The USFSPA does not require that a former spouse be given a portion of a service member's disposable retirement pay.
In addition, the divorce decree required the taxpayer to pay 25% of his disposable retirement pay to his former spouse pursuant to the USFSPA.
The divorce decree in Proctor required the taxpayer, pursuant to the USFSPA, to pay 25% of his military retirement pay to his former spouse.
In addition, the Tax Court noted that the USFSPA does not create any right, title, or any interest that can be sold, set aside, transferred, or otherwise disposed of--including by inheritance--by a spouse or former spouse.
Finally, Part III lays out the economic framework for deciding, constitutional claims aside, whether the USFSPA accomplishes its policy goals, both explicit and implicit.
HOW THE USFSPA EXPRESSES CONGRESS'S VIEW OF THE MILITARY WIFE
The USFSPA couches its language in primarily gender-neutral terms.
To Congress in 1981-82 informed by the example of the McCarty case, which Congress explicitly superseded by enacting the USFSPA (40)--a member of the armed services was a man and his spouse a woman, specifically a housewife.
2) "Disposable retired pay" consists of pre-tax gross retired pay, minus amounts that section 1408(a)(4) of the USFSPA
defines, including government recoupment for prior overpayments, waiver of retired pay that a court-martial adjudges, waiver of retired pay to receive disability pay, and Survivor Benefit Plan premiums.
When using this guide, note that although McCarty overruled some then-existing state case law, many of these cases were reinstated after the USFSPA became effective.
1983) (holding that the USFSPA resurrects Van Loan v.
1985) (affirming lower court's award to former spouse of permanent alimony equal to half of the husband's military pension, noting that the USFSPA authorized the lower court to divide it as property); Hemsley v.