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Under Federal law there is no rule or law that automatically entitles a former spouse to a portion of your military retired pay. She would have to be awarded a portion of your military retired pay in a Georgia State court order.
Specifically, the Uniformed Services Former Spouses’ Protection Act (USFSPA), Title 10, United States Code, Section 1408, passed in 1981, only states that a state court can, but it is not required, to divide military retired pay as a marital asset or as community property in a divorce proceeding. Retired pay as property payments are prospective only, not retroactive. Retired pay arrears cannot be collected under the USFSPA.
Under Georgia law all contributions made by either spouse during the marriage to any retirement account, including a military pension, 401(k), or an IRA are subject to equitable division. That said, the non-earning spouse has a claim to any of these funds, but the Court does not have to award any of the retirement funds to the other spouse if it would be otherwise equitable, considering the overall financial circumstances of the both you and your wife. Georgia is not a community property state where the retirement and all funds are automatically split in ½.
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