U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 54— COMMISSARY AND EXCHANGE BENEFITS

10 U.S.C. § 1062

Certain former spouses and surviving spouses

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(a)Certain Unremarried Former Spouses.—The Secretary of Defense shall prescribe such regulations as may be necessary to provide that an unremarried former spouse described in subparagraph (F)(i) of section 1072(2) of this title is entitled to use commissary stores and MWR retail facilities to the same extent and on the same basis as the surviving spouse of a retired member of the uniformed services.(b)Certain Remarried Surviving Spouses.—The Secretary of Defense shall prescribe such regulations as may be necessary to provide that a surviving spouse of a deceased member of the armed forces, regardless of the marital status of the surviving spouse, is entitled to use commissary stores and MWR retail facilities to the same extent and on the same basis as an unremarried surviving spouse of a member of the uniformed services.(c)MWR Retail Facilities Defined.—In this section, the term “MWR retail facilities” has the meaning given that term in section 1063 of this title.(Added Pub. L. 100–370, § 1(c)(1), July 19, 1988, 102 Stat. 841; amended Pub. L. 118–31, div. A, title VI, § 633(a), (c), Dec. 22, 2023, 137 Stat. 297.)Historical and Revision Notes

Section is based on Pub. L. 97–252, title X, § 1005, Sept. 8, 1982, 96 Stat. 737.

Editorial NotesAmendments

2023—Pub. L. 118–31 inserted “and surviving spouses” at end of section catchline, designated existing provisions as subsec. (a), inserted heading, substituted “use commissary stores and MWR retail facilities” for “commissary and exchange privileges”, and added subsecs. (b) and (c).

Statutory Notes and Related SubsidiariesRegulations

Pub. L. 118–31, div. A, title VI, § 633(b), Dec. 22, 2023, 137 Stat. 297, provided that: “The Secretary of Defense shall prescribe regulations under section 1062(b) of title 10, United States Code, as added by subsection (a)(3), not later than October 1, 2025.”

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1995–2021 · leading case: Peggy Clark v. Dep't of the Army, No. 19-30191 (5th Cir. Aug. 19, 2019).
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Peggy Clark v. Dep't of the Army, No. 19-30191 (5th Cir. Aug. 19, 2019). “On appeal, Clark’s main contention is that the district 1 10 U.S.C. § 1062 . 2 10 U.S.C. § 1072 (F).”
Richard Alan Shannon v. Genera Garandang Shannon, No. M2020-00055-COA-R3-CV (Tenn. Ct. App. Apr. 23, 2021). “2019); 10 U.S.C. § 1062 (Supp. 2019). 2 The Survivor Benefit Plan or SBP is an annuity program that pays, upon the death of the retired servicemember, benefits based on a percentage of retirement pay.”
in the Interest of A.E.R., a Minor Child, No. 02-05-00057-CV (Tex. App.—Fort Worth Feb. 16, 2006). “See 10 U.S.C.A. §§ 1062 , 1072(2)(F), (G) (West 1998).”
Meri Dell Sharbutt-Ridge v. James Joseph Ridge, No. 0736971 (Va. Ct. App. Feb. 24, 1998). “10 U.S.C. § 1062 (a) (1990). The trial court looked to the definition in effect at the time the divorce was decreed.”
James Joseph Ridge v. Meri Dell Sharbutt-Ridge, No. 0870971 (Va. Ct. App. Feb. 24, 1998). “10 U.S.C. § 1062 (a) (1990). The trial court looked to the definition in effect at the time the divorce was decreed.”
Thomas v. Thomas, 36 Va. Cir. 427 (Fairfax Cir. Ct. 1995). “See 10 U.S.C. §§ 1062 , 1072, 1076. The reasonableness of Capt.”
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