- 7 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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