According to the Uniformed Services Former Spouses' Protection Act
(Public Law 97-252), retired pay is a property right divisible by
state courts according to the length of a marriage, at least 10 years
married to qualify, when a divorce is granted.  Is there a limit on
the time that a spouse receiving the percentage can contiue to receive
this right of property?  For example, can the ex-spouse receiving this
percentage continue to receive this throughout her lifetime as long as
the military ex-spouse is living?  Or is the time limited to the time
equal to the length of the marriage?

Hello 1225-ga,

I should emphasize the disclaimer at the bottom of this page, which
indicates that answers and comments on Google Answers are general
information, and not intended to substitute for informed professional
legal advice.  If you need professional legal advice on the Uniformed
Services Former Spouses' Protection Act, you should contact a lawyer.

According to the Defense Finance and Accounting Service (DFAS) (part
of the United States Department of Defense):

"The right to payments under the Act terminates upon the death of the
member or former spouse, unless the applicable court order provides
that the payments terminate earlier."

"Uniformed Services Former Spouses' Protection Act Bulletin" (Last
updated: September 30, 2003) [last sentence of fourth paragraph]
Defense Finance and Accounting Service
http://www.dfas.mil/money/garnish/fsfact.htm

The text of the Act appears to say basically the same thing.  (Again,
only a lawyer can provide a professional opinion.)  According to 10
U.S.C. 1408(d)(4):

"Payments from the disposable retired pay of a member pursuant to this
section shall terminate in accordance with the terms of the applicable
court order, but not later than the date of the death of the member or
the date of the death of the spouse or former spouse to whom payments
are being made, whichever occurs first."

"US Code Collection - TITLE 10 > Subtitle A > PART II > CHAPTER 71 >
Sec. 1408" [subsection (d)(4) is near the middle of the page]
Legal Information Institute [Cornell Law School]
http://www4.law.cornell.edu/uscode/10/1408.html

In both the DFAS information and the text of the Act, there does not
appear to be any limitation to the length of the marriage.  Rather, it
seems that the limitation is determined by the court order.  The text
indicates that the payments last for the length of the court order or
the death of one of the former spouses, whichever comes first.

- justaskscott-ga


Search terms used on Google:

"uniformed services former spouses protection act"
"us code"

I also searched for 10 U.S.C. 1408 on the Legal Information
Institute's U.S. Code page.