A Guide To Divorce And Military Retirement Pay Under The Former Spouses Protection Act

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In 1981, the Supreme Court ruled that the former spouse of a military member or retiree could not be awarded any share of that member's/retiree's retired pay as a part of a divorce property settlement in a community property state. In response, Congress enacted the Uniformed Services Former Spouses' Protection Act (USFSPA) in 1982. Under the USFSPA, as amended, state courts can treat disposable military retired pay as divisible property in divorce cases. However, state laws may vary on these concepts. The USFSPA makes no assumption of such a division nor does it presume how much of a division should be made. In addition to possible receipt of retired pay, certain former spouses remain eligible to receive certain military benefits or privileges. Recent changes in other laws that affect the concurrent receipt of military retired pay and veteran disability pay may affect the amount of retired pay a former spouse receives. In other situations, later career and financial decisions made by military retirees may affect the availability of their retired pay. For example, military retirees who take federal civilian jobs and then retire from those jobs can waive their military retired pay and credit their military time to their civilian careers. In so doing, they eliminate their military retired pay, and thereby any share that might have been awarded to the former spouse. Since its inception, the USFSPA has remained contentious. Opponents of the law feel that it is unfair to servicemembers and should be modified or repealed. Proponents argue that the law protects the former spouse within nationally accepted standards. Some of the most frequently cited issues include (1) definition of disposable retired pay, (2) effects from new laws concerning concurrent receipt of military retired pay and veteran disability compensation, (3) interactions with other federal retirement systems, (4) effects in cases of early separation of servicemembers, and (5) treatment of benefits upon remarriage of a former spouse. As with the original provisions of the USFSPA, these and other proposed changes have been the source of great debate. Although legislation making various changes to the USFSPA has been introduced in the past, none of this legislation has allowed for retroactive change to settled cases.

In 1981, the Supreme Court ruled that the former spouse of a military member or retiree could not be awarded any share of that member's/retiree's retired pay as a part of a divorce property settlement in a community property state. In response, Congress enacted the Uniformed Services Former Spouses' Protection Act (USFSPA) in 1982. Under the USFSPA, state courts can treat disposable military retired pay as divisible property in divorce cases. In addition, certain former spouses would remain eligible to receive certain military benefits or privileges. The USFSPA has since been modified on a number of occasions. The USFSPA allows for disposable' military retired pay to be divided as part of a divorce settlement. The law makes no assumption of such a division nor does it presume how much of a division should be made. However, state laws may vary on these concepts. In addition, the USFSPA allows for certain military benefits to be awarded to qualifying former spouse. These include health care benefits and commissary/exchange privileges. Confusion exists over the distinction of disposable' versus total' retired pay. The use of disposable retired pay may have implications in terms of taxes withheld and taxes paid. In addition, recent changes in ...

The Uniformed Services Former Spouses' Protection Act (USFSPA) allows state courts to treat military retirement pay as property for possible division in matters of divorce. The problem is that several military and veterans' organizations believe this law to be discriminatory towards military members and seek legislative reform. Thus, the central research question is: Should Congress amend the Title 10, U.S. Code, Section 1408, USFSPA, to ensure just compensation for both military members and military spouses in court-ordered divorce settlements? This thesis examines the divorce laws affecting the military retirement system in comparison to the laws affecting all other federal retirement systems, the real-world applications of the USFSPA by state courts in all 50 states and the District of Columbia, and perceived inequities of the act

Military Divorce Tips, for the service member, the soon-to-be-former spouse, and their attorneys, provides a solid foundation for a basic understanding of military divorce issues. This efficient reference tool provides quick insight to the complexities involved without delving too heavily into the U.S. Codes themselves. At the same time, attorneys are able to use the footnotes if sources are needed for litigation. An awareness of the basics can lessen the economic and emotional turmoil of divorce. Consultations with financial advisors and divorce lawyers will be more productive, less time consuming, and less expensive after reading the topics included in this book."