That is the Uniform Servicemembers Former Spouse Protection Act which authorizes state courts to divide military retirement benefits in a divorce proceeding. The Act caps the recipient spouse’s benefits at 50% of disposable earnings. The Act also provides for the manner in which payment will be made post-divorce. In the event the marriage is of 10 years or longer, the recipient spouse will receive payment directly from DFAS in Cleveland.

If the marriage is of shorter than 10 years duration, the recipient spouse will be reliant upon the servicemember to remit payment each month.

It also provides for a cap if there is both an alimony and a child support garnishment in place. The garnishment will be capped at 65% of disposable pay.

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