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The Supreme Court in McCarty v. McCarty, 453 U.S. 210
(1981), held that Federal statutes governing military retirement
pay prevented State courts from treating military retirement pay
as community property. In direct response to McCarty, Congress
in 1982 enacted the Uniform Services Former Spouses' Protection
Act (Act), 10 U.S.C. sec. 1408 (1994). Although enacted to
authorize State courts to treat "disposable retired or retainer
pay" of a member of the Armed Forces as community property, the
language also covers property divisions in common law, or
equitable distribution states. See Mansell v. Mansell, 490 U.S.
581, 584 n.2 (1989); see S. Rept. 97-502 at 2-3.
For purposes of the Act, the term "disposable retired pay"
means the monthly retired pay "to which a member is entitled"
less stated amounts.3 10 U.S.C. sec. 1408(a)(4) (1994). The
term "spouse or former spouse" means the husband or wife or
former spouse of a member who was married to the member before
the court order. 10 U.S.C. sec. 1408(a)(6) (1994). Under 10
U.S.C. sec. 1408(c)(2) (1994), payments to a spouse "with respect
to a division of retired pay as the property of a member and the
member's spouse under this subsection may not be treated as
3The definition of "disposable retired pay" under 10 U.S.C.
sec. 1408(a)(4) (1982), changed after the date of the decree.
See National Defense Authorization Act for Fiscal Year 1991, Pub.
L. 101-510, sec. 555(b), (e)(2), 101 Stat. 1569-1570.
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