No. The Uniformed Services Former Spouses’ Protection Act specifically states that only the “disposable retired pay” of the former military spouse may be treated as divisible asset in marriage dissolution. According to 10 U.S.C. 1408(c)(1):


“(1) Subject to the limitations of this section, a court may treat disposable retired pay payable to a member for pay periods beginning after June 25, 1981, either as property solely of the member or as property of the member and his spouse in accordance with the law of the jurisdiction of such court.”

The disposable retired pay is the military spouse’s retirement pay less certain amounts, which includes the disability benefits, as stated in 10 U.S.C. 1408(a)(4)(C):

“(4) The term “disposable retired pay” means the total monthly retired pay to which a member is entitled less amounts which—

(C) in the case of a member entitled to retired pay under chapter 61 of this title, are equal to the amount of retired pay of the member under that chapter computed using the percentage of the member’s disability on the date when the member was retired (or the date on which the member’s name was placed on the temporary disability retired list);”