Military Retirement Benefits
1. Uniformed Services Former Spouses' Protection Act
(USFSPA) - Spouses of military personnel DO have community property rights in a military retirement plan
2. Military Disability Retirement
- NOT community property under Federal preemption, and USFSPA doesn't apply. BUT
, cannot elect to defeat W's CP interest by choosing disability retirement benefits over regular retirement benefits
- Disability Payments
- - If a person becomes disabled or injured, any disability insurance payment or worker's compensation payment is CP to the extent it is intended to replace earnings lost while disabled/injured person is married.
- To the extent that any insurance payment or worker's compensation payment is intended to replace earnings while the disabled or injured person is not married
, the recover is SP of the disabled spouse.