- 8 - upon the death of the payee spouse. See Tax Reform Act of 1986, Pub. L. 99-514, sec. 1843(b), 100 Stat. 2853. Consequently, section 71(b)(1)(D) is satisfied if the liability ceases upon the death of the payee spouse by operation of law. Cf. Notice 87-9, 1987-1 C.B. 421. The divorce decree provides that the retirement payments were ordered pursuant to the USFSPA, which states that Payments from the disposable retired pay of a member pursuant to this section shall terminate in accordance with the terms of the applicable court order, but not later than the date of the death of the member or the date of the death of the spouse or former spouse to whom payments are being made, whichever occurs first. 10 U.S.C. sec. 1408(d)(4) (2000). Accordingly, the retirement payments will terminate, by operation of law, on the date that either petitioner or Ms. Holdman dies, whichever occurs first.2 Moreover, the USFSPA provides that “Notwithstanding any other provision of law, this section does not create any right, title, 2 The USFSPA provides that a former spouse may serve upon the Secretary of Uniformed Services the divorce decree ordering payments pursuant to the USFSPA. After receipt of such service, the payments are made directly to the member’s spouse. See 10 U.S.C. sec. 1408(d)(1). While Ms. Holdman did not serve the Secretary with a copy of the divorce decree or receive payments directly from the Secretary, the payments were ordered “as authorized under the Uniformed Services Former Spouses’ Act”. Prior to enactment of the USFSPA, former spouses had no right to receive a portion of a member’s military retirement pay. See McCarty v. McCarty, 453 U.S. 210 (1981). The USFSPA was enacted to allow courts to award spouses and former spouses an interest in a member’s military retirement pay. See S. Rept. 97-502 (1982).Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 10, 2007