The 2016 amendment to the Uniformed Services Former Spouses’ Protection Act dramatically changed the level of discretion afforded to states in dividing military retired pay between divorcing parties. Now, all divorces involving an active service member at the time of divorce must adhere to Congress’s strict formula when dividing the former spouse’s interest in the service member’s pension. This Note explores the question of whether Congress overstepped its constitutional limitations in directing the actions of state courts, whether the new rule may violate principles of equal protection doctrine, and whether a challenge to the novel scheme has any chance of success. This Note proposes a potential challenge and, finally, asks why we should treat military service members and their money differently in the first place.
Tuscan A. Fairfield,
Degrees of Losing: A Challenge to the Federal "Frozen Benefit Rule",
Ga. St. U. L. Rev.
Available at: https://readingroom.law.gsu.edu/gsulr/vol39/iss3/11