FSPA overtook the McCarty decision and returned to state courts the right to consider military retired pay as property upon divorce. This provision was effective for divorces and separations after February 4, 1991.
State courts have supremacy in family law cases.
Some states ignored this provision of FSPA and opened divorces granted prior to June 26, 1981. P.L. 101-510 specifically disallows this practice and allowed payments made as a result of such action to cease in November 1993. Retired pay awarded as property is not affected by remarriage. FSPA allows direct payment of retired pay from the service finance center of the member, upon presentation of a valid court order, for alimony, child support, or property division. Direct payment of retired pay as property is authorized only if the marriage lasted at least 10 years during 10 years of the member's creditable service.