In 1982, the United States Congress passed the "Uniform Services Former Spouses' Protection Act". This law authorized state divorce courts to treat military retired pay as community property.

Because New Mexico is a community property state, a portion of military retired pay will be awarded to the former spouse, as a percentage or fractional amount of the pay. The actual amount awarded to a former spouse is formulaic based on the length of the marriage and the amount of time the service-member was in the military during the marriage.

In a divorce involving military retired pay, especially in counties around military bases, judges are likely to question any property division that does not include an award of retired pay to a former spouse.

Are former spouses entitled to use the Commissary and BX? When the Former Spouses Law was initially passed, it specified that the former spouse must not be married and the marriage to the retiree must have lasted at least 20 years during the retiree's active service.

What about medical care for former spouses? When the Former Spouses' Law was initially passed, it specified that a former spouse who had not remarried and who was married for at least 20 years while the servicemember was on active duty, is eligible for permanent medical care at military facilities.

A current controversial issue about military retired pay is whether the portion that is denominated "disability" pay should be paid as part of the award to the former spouse.

The United States Government has posted an excellent website containing a wealth of information in answer to most questions arising in a military divorce: www.dfas.mil

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