Under the USFSPA
, the retirement payments would stop upon the death of either Proctor or Holdman, whichever occurred first, so Proctor was not liable for any payments after Holdman's death.
Issues regarding courts' treatment of certain types of pay as divisible under the USFSPA remain state-specific.
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.
1983) (noting that the USFSPA nullifies McCarty, thus the lower court correctly divided a military pension as property); In re Marriage of Weaver, 606 S.