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Florida Law - Can Military Retirement Pay Be Divided? Military Retirement benefits may be divided like a private pension. The federal Uniformed Services Former Spouses Protection Act (USFSPA) applies retroactively in that it allows division in marriage dissolution proceedings of military retirement benefits for pay periods beginning in 1981. Cases: Anciaux (1996) 666 So2d 577 (husband's military retirement pay was asset to be divided, even though marriage had not lasted ten years). Cunningham (1993) 623 So2d 1243 (portion of husband's military retirement benefit that accrued during marriage was marital property). Kelson (1994) 647 So2d 959 (voluntary separation pay, designed to ease the transition to civilian life from the military, received after separation, was not a marital asset and was not retirement pay; wife therefore was not entitled to share; this is in spite of the fact that separation agreement provided for wife to share in retirement pay, and husband took the voluntary separation pay after the divorce instead of the retirement pay, thus depriving the wife of anything). Johnson (1992) 602 So2d 1348 (military pension benefit was marital property, and should have been divided; husband had sufficient current income to pay alimony from his income; permanent alimony had been set at $2,000 per month).
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