Note:
John B. McKnight, Closing the McCarty-USFSPA Window: A
Proposal for Relief from McCarty-Era Final Judgments, 63
Texas L. Rev. 497 (1984).
Abstract:
In “Closing the McCarty-USFSPA Window,” McKnight discusses how
the United States Supreme Court in McCarty v. McCarty
supplanted state law respecting the division of non-disability
military retirement benefits. According to McKnight, in response
to this decision the United States Congress enacted the
Uniformed Services Former Spouses’ Protection Act (USFSPA). The
Act partially erased the effects of McCarty by restoring to each
state the power to treat non-disability military retirement pay
in accordance with its own law concerning division of property
on divorce. McKnight analyzes the impact of McCarty and the
USFSPA and suggests how McCarty-era litigants can seek relief.