Uniformed Services Former Spouses Protection Act Fairness Amendments of 1991

Summary

Uniformed Services Former Spouses Protection Act Fairness Amendments of 1991 - Prohibits payments from the disposable retired pay of a member of the armed forces to a former spouse (as part of a court-ordered property settlement agreement) after the remarriage of such former spouse. Prohibits payments so terminated from being reinstated on account of the subsequent termination of the former spouse's remarriage. Directs the Secretary of Defense to promulgate regulations for ascertaining the current marital status of former spouses receiving such payments. Provides that, in the case of a member whose final decree of divorce, dissolution, annulment, or legal separation is issued before such member begins to receive retired pay, the disposable retired pay of such member shall be based on the pay grade and length of service of such member while married up to the date of the final decree. Provides for recomputation of amounts currently provided in accordance with amendments made by this Act. Amends the National Defense Authorization Act for Fiscal Year 1991 to state that changes made in the determination of retired pay as property for property settlement purposes under such Act shall not take effect in the case of property settlement payments due before the end of the one-year period (currently two-year) after the effective date of such Act. Provides that if a court, as part of a final divorce, dissolution, annulment, or legal separation decree, does not treat or reserve jurisdiction to treat the disposable retired pay of a member as either his property or his and his former spouse's property, then, in any subsequent judicial proceeding, the jurisdiction of the court to address such question shall be separately established at such time. Allows a former spouse to make application to a court for division of retired pay as joint property within two years of such a final decree. Provides that a member's disability pay payable as part of his or her retired pay shall not be included by a court as joint property of the member and former spouse subject to division as part of a court-ordered property settlement. Prohibit a court from: (1) ordering a member to make a property settlement payment out of the member's active duty income earned after the date the member first becomes eligible to retire; or (2) making a member pay a pre-retirement payment equivalent to a payment which would otherwise be made had the member retired and commenced receiving retired pay. Outlines provisions for the determination of a pre-retirement payment. Prohibits a court from ordering a member recalled to active duty to commence or continue payments to a former spouse resulting from the treatment of retired pay as joint property for the entire period such member continues on such active duty.

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2 official files

• Introduced in House (text)

  Introduced in House · EN

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• Introduced in House

  summary · EN · 2 May 1991

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