Mark E. Sullivan, COL, USA (Ret.), a frequent guest author on this Blog, offers lawyers and military spouses alike important information about pending legislation, not yet law, regarding division of military retirements. Military retirements are usually the most valuable assets owned by a military family. This legislation greatly impacts former spouses' rights in retirements.
Congress passed in both houses the FSPA Rewrite that's going to be in the FY 2017 Nat. Defense Authorization Act - now on the President's desk. For details on what it says, what's wrong with it, why we opposed it, and how it will substantially change the law on military pension division for those presently serving, see Mark's White Paper at the website for the ABA Family Law Section Download Sullivan.White_Paper.Miliary_Pension_Division_and_Radical_Rewrite.
For the language in the Conference Report, the existing FSPA language, and what I think that the new text will read, see below.
If you have a pending military pension division order [involving a military member who is still serving], and you want to make sure that what's divided for the FS [former spouse] is the final military retired pay of the other party, then you'd better get your order entered now. This new Fixed Benefit rule becomes effective if/when the President signs the NDAA 2017!