10 U.S.C. § 1408
Payment of retired or retainer pay in compliance with court orders
United States · Title 10 — ARMED FORCES · Status: effective
Cite this
- Citation
- 10 U.S.C. § 1408, Payment of retired or retainer pay in compliance with court orders, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/433372
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Full text
In this section:
The term “court” means—
The term “court order” means a final decree of divorce, dissolution, annulment, or legal separation issued by a court, or a court ordered, ratified, or approved property settlement incident to such a decree (including a final decree modifying the terms of a previously issued decree of divorce, dissolution, annulment, or legal separation, or a court ordered, ratified, or approved property settlement incident to such previously issued decree), or a support order, as defined in section 453(p) of the Social Security Act (42 U.S.C. 653(p)), which—
provides for—
The term “disposable retired pay” means the total monthly retired pay to which a member is entitled less amounts which—
For purposes of subparagraph (A), in the case of a division of property as part of a final decree of divorce, dissolution, annulment, or legal separation that becomes final prior to the date of a member’s retirement, the total monthly retired pay to which the member is entitled shall be—
in the case of a member not described in clause (ii), the amount of retired pay to which the member would have been entitled using the member’s retired pay base and years of service on the date of the decree of divorce, dissolution, annulment, or legal separation, as computed under section 1406 or 1407 of this title, whichever is applicable, increased by the sum of the cost-of-living adjustments that—
For the purposes of this section—
service of a court order is effective if—
a court order is regular on its face if the order—
A court order shall be considered to be an out-of-State modification for purposes of this paragraph if the order—
In the event of effective service of conflicting court orders under this section which assert to direct that different amounts be paid during a month to the same spouse or former spouse of the same member, the Secretary concerned shall—
retain an amount of disposable retired pay that is equal to the lesser of—
pay to that member the amount which is equal to the amount of that member’s disposable retired pay (less any amount paid during such month pursuant to legal process served under section 459 of the Social Security Act (42 U.S.C. 659) and any amount paid during such month pursuant to court orders effectively served under this section, other than such conflicting court orders) minus—
A spouse or former spouse, or a dependent child, of a member or former member of the armed forces is eligible to receive payment under this subsection if—
in the case of eligibility of a spouse or former spouse under paragraph (1)(A), the spouse or former spouse—
Upon the request of a court or an eligible spouse or former spouse, or an eligible dependent child, of a member or former member of the armed forces referred to in paragraph (2)(A) in connection with a civil action for the issuance of a court order in the case of that member or former member, the Secretary concerned shall determine and certify the amount of the monthly retired pay that the member or former member would have been entitled to receive as of the date of the certification—
In this subsection, the term “dependent child”, with respect to a member or former member of the armed forces referred to in paragraph (2)(A), means an unmarried legitimate child, including an adopted child or a stepchild of the member or former member, who—
In this subsection, the term “child abuse garnishment order” means a final decree issued by a court that—
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- Department of Defense Authorization Act, 1983House: no recorded tallySenate: no recorded tally
- Department of Defense Authorization Act, 1985House: no recorded tallySenate: no recorded tally
- National Defense Authorization Act for Fiscal Year 1987House: no recorded tallySenate: no recorded tally
- Defense Technical Corrections Act of 1987House: no recorded tallySenate: no recorded tally
- National Defense Authorization Act for Fiscal Years 1990 and 1991House: no recorded tallySenate: 91–8
- National Defense Authorization Act for Fiscal Year 1991
- National Defense Authorization Act for Fiscal Years 1992 and 1993
- National Defense Authorization Act for Fiscal Year 1993House: 304–100Senate: no recorded tally
- National Defense Authorization Act for Fiscal Year 1994
- National Defense Authorization Act for Fiscal Year 1996
- Personal Responsibility and Work Opportunity Reconciliation Act of 1996
- National Defense Authorization Act for Fiscal Year 1997
- National Defense Authorization Act for Fiscal Year 1998
- National Defense Authorization Act for Fiscal Year 2002
- Homeland Security Act of 2002
- Servicemembers Civil Relief ActHouse: 425–0Senate: no recorded tally
- National Defense Authorization Act for Fiscal Year 2006House: 374–41Senate: no recorded tally
- National Defense Authorization Act for Fiscal Year 2010
- National Defense Authorization Act for Fiscal Year 2017
- National Defense Authorization Act for Fiscal Year 2018