Marsha K. Huggins - Page 8




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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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