Codified at 50 U.S.C. App. §§501-597b, is designed to protect our service members when they are called to active duty or deployed. Simply put, the SCRA works as a pause button. Under the SCRA, when on active duty or deployed, service members are protected against mortgage payment obligations, evictions, penalties on lease terminations, pending trials, divorce and custody matters, and certain tax issues.
Codified at 38 U.S.C. §§4301-4333. USERRA applies to almost every employer no matter the status or size. USERRA provides reemployment rights for service members that are called to active duty. Which roughly translates to, if the military orders you to leave, you have job protection with your current non-military employer. Additionally, USERRA prohibits discrimination against an individual because of their past or current military service.
The Court has exclusive jurisdiction to provide judicial review of final decisions by the Board of Veterans' Appeals, an entity within the Department of Veterans Affairs.
Codified at 10 U.S.C. §§1447-1455, works similarly to insurance; the SBP will make a monthly payment to the surviving spouse or family member of a deceased service member. Additionally, SBP is not only paid upon death of a service member. SBP is a benefit that is divided during divorce. It is important to note that SBP must be requested during a divorce, SBP must be included in the Court Order accompanying a divorce case, and it must be sent to the Defense Finance and Accounting Service (DFAS) within one year of the divorce order.
Codified at 10 U.S.C. §1408, enables a court to find that military retired pay is community property, and may be divided in the manner of a pension plan. There are many intricacies to USFSPA; attorneys and courts must closely examine the length of the service members’ time in the military, the length of the marriage, and the amount of overlap between the two. The benefits awarded under USFSPA depend on how many of the years overlap.