Page 12 of 26 FirstFirst ... 2101112131422 ... LastLast
Results 111 to 120 of 257

Thread: Uniformed Services Former Spouse Protection Act (USFSPA)

  1. #111
    Senior Member
    Join Date
    Oct 2009
    Location
    SW. Michigan
    Posts
    153
    Mentioned
    0 Post(s)

    Re: Uniformed Services Former Spouse Protection Act (USFSPA)

    I had a ex that left after 9 years of marriage, probably 12 years AD. Luckily I waited her out. I wouldn't sign and she was wanting to marry (again) to a bigger money bag than me. She finally signed off of my mil ret. I was young enough to probably bale if she would have been awarded it. Didn't get married again until about 18 1/2 years AD because of this. (Shhhhh ,Don't tell my current wife)

  2. #112
    Senior Member
    Join Date
    Jun 2007
    Location
    Opt out
    Posts
    2,285
    Mentioned
    2 Post(s)

    Re: Uniformed Services Former Spouse Protection Act (USFSPA)

    Quote Originally Posted by USN - Retired View Post
    Nice dodge of the point that I made. So I'll ask the question again.

    Why are social security retirement payments not community property?.
    Maybe they should be.

  3. #113
    Senior Member Rainmaker's Avatar
    Join Date
    Oct 2010
    Location
    on a Marl Road
    Posts
    3,883
    Mentioned
    39 Post(s)

    Re: Uniformed Services Former Spouse Protection Act (USFSPA)

    Quote Originally Posted by sherrylabtec View Post
    I was married to my husband for 30 years, and I loved him very much but during that time he was gone most of it, to duty stations I could not go, he cheated, had an child out of wedlock and then on Feb 14th( he had retired in November) he said he wanted a divorce. He was seeing women on the side while I was at work and paying the household bills and buying the groceries and anything he wanted. I did everything to hold my marriage together, not out of wanting money, but because I loved him. So to say I didn't earn that money...I gave up my career in the navy, paid my way by working and paying household bills and I was rewarded with the loss my home and most everything else because he had a better lawyer and had to start from scratch. So, it rubs both ways...
    Sherry, you are people the law was supposed to be intended for. Now if what you say is true than either you married a shit bird or you should've done a little bit more rubbing. Rainmaker biggest gripe with this misapplied law is that it doesn't take into account fault. Rainmaker dies a little inside errytime he see that monthly deduction titled "Former Spouses Protection Act" written on his monthly retirement statement.

  4. #114
    Senior Member
    Join Date
    Jun 2007
    Location
    Opt out
    Posts
    2,285
    Mentioned
    2 Post(s)

    Re: Uniformed Services Former Spouse Protection Act (USFSPA)

    Quote Originally Posted by Rainmaker View Post
    Sherry, you are people the law was supposed to be intended for. Now if what you say is true than either you married a shit bird or you should've done a little bit more rubbing. Rainmaker biggest gripe with this misapplied law is that it doesn't take into account fault. Rainmaker dies a little inside errytime he see that monthly deduction titled "Former Spouses Protection Act" written on his monthly retirement statement.
    What would you like the law to say?

  5. #115
    Senior Member
    Join Date
    May 2008
    Location
    Columbus, ohio
    Posts
    3,329
    Mentioned
    29 Post(s)

    Re: Uniformed Services Former Spouse Protection Act (USFSPA)

    Quote Originally Posted by USN - Retired View Post
    USFSPA is a law that is really bad. It needs to be changed.
    .
    Just like the voting rights act law. the SC feels it needs to get redone to reflect current times, so too should the USFSPA.

    Maybe they should be.
    I feel all pensions/retirements etc either should ALL be considered communal property or none should be.

    Sherry, you are people the law was supposed to be intended for. Now if what you say is true than either you married a shit bird or you should've done a little bit more rubbing. Rainmaker biggest gripe with this misapplied law is that it doesn't take into account fault. Rainmaker dies a little inside errytime he see that monthly deduction titled "Former Spouses Protection Act" written on his monthly retirement statement.
    Yup. your "former spouse's" infidelity can be the reason you divorce, but that matters NOT to the FSPA.

  6. #116
    Senior Member USN - Retired's Avatar
    Join Date
    May 2008
    Location
    Ewa Beach, Hawaii
    Posts
    702
    Mentioned
    1 Post(s)

    Re: Uniformed Services Former Spouse Protection Act (USFSPA)

    Quote Originally Posted by Measure Man View Post
    Maybe they should be.
    Or perhaps military retirement pay should not be community property...
    Don't not forget that option....

    Quote Originally Posted by Measure Man View Post
    When you were active duty...did you have a deduction for on your LES for the military retirement system?
    I did not. You are correct on that point. Very correct. And it appears that you have also proved conclusively that military retirement is not community property since it is not a contributory plan, i.e. money earned during the marriage was not used to finance the military retirement.

    Interestingly, social security is a contributory plan, yet social security retirement pay is not considered community property.

    For example, let's say that a husband and wife were married for 9 years and then divorce. The man worked and the woman stayed home during the marriage. The man contributed to social security during that marriage. The woman can not claim the man's future social security retirement income as community property even though the man used money earned during their marriage to finance his social security account. Now if the couple had been married for more than 10 years, the ex-wife can get social security retirement pay based on her ex-husband's contributions to social security, but the social security pay received by the ex-wife is not deducted from the man's social security retirement income.

    Additionally, the ex-wife will lose the right to get social security retirement pay based on her ex-husband's contributions to social security if she marries another man after her divorce.

    Interestingly, military service is somehow considered to be a property of the marriage, yet a college degree earned during marriage is not. For example, let's say that a civilian woman married a military service member and the military service member put his wife through medical school during their marraige. The wife then divorced her hubby after she became a doctor. The wife can claim partial ownership of her hubby's military retirement income, yet the hubby can not claim any ownership of his wife's medical degree. Show me the fairness there.

  7. #117
    Senior Member
    Join Date
    Oct 2009
    Location
    SW. Michigan
    Posts
    153
    Mentioned
    0 Post(s)

    Re: Uniformed Services Former Spouse Protection Act (USFSPA)

    Quote Originally Posted by USN - Retired View Post
    Interestingly, military service is somehow considered to be a property of the marriage, yet a college degree earned during marriage is not. For example, let's say that a civilian woman married a military service member and the military service member put gh medical school during their marraige. The wife then divorced her hubby after she became a doctor. The wife can claim partial ownership of her hubby's military retirement income, yet the hubby can not claim any ownership of his wife's medical degree. Show me the fairness there.
    Good Point! My ex had a Computer Science Degree, that I paid for almost half. She wouldn't use it until after the divorce.

  8. #118
    Senior Member
    Join Date
    Jun 2007
    Location
    Opt out
    Posts
    2,285
    Mentioned
    2 Post(s)

    Re: Uniformed Services Former Spouse Protection Act (USFSPA)

    Quote Originally Posted by TSgt"M" View Post
    I had a ex that left after 9 years of marriage, probably 12 years AD. Luckily I waited her out. I wouldn't sign and she was wanting to marry (again) to a bigger money bag than me. She finally signed off of my mil ret. I was young enough to probably bale if she would have been awarded it. Didn't get married again until about 18 1/2 years AD because of this. (Shhhhh ,Don't tell my current wife)
    So, to clarify, the USFSPA did not automatically award your former spouse any part of your retirement.

    Quote Originally Posted by garhkal View Post
    Just like the voting rights act law. the SC feels it needs to get redone to reflect current times, so too should the USFSPA.
    No-fault divorces are much more common now than they were.

    I feel all pensions/retirements etc either should ALL be considered communal property or none should be.
    I'm pretty sure nearly all are...but, don't know for sure.

    Something to keep in mind...the USFSPA does not require military retirement to be treated as property...it gives the states the option to do so and means to enforce it.

    Yup. your "former spouse's" infidelity can be the reason you divorce, but that matters NOT to the FSPA.
    That's up to the court to decide. The USFSPA merely gives the courts the option to award or not award military retirement.

  9. #119
    Senior Member TJMAC77SP's Avatar
    Join Date
    May 2007
    Location
    NC
    Posts
    3,156
    Mentioned
    4 Post(s)

    Re: Uniformed Services Former Spouse Protection Act (USFSPA)

    Quote Originally Posted by Measure Man View Post
    Okay...

    Let's start with a simple one:

    If it were pay why do you get a 1099-R and not a W-2?
    Not sure and not sure of the relevance of the question.

    DFAS calls it retired pay and when I was a self employed consultant I received a 1099. Does that help?
    ___________________
    Read carefully, think, then write thoughtfully……………………………..

    I don’t have any quotes……you can pick one for yourself

  10. #120
    Senior Member
    Join Date
    Jun 2007
    Location
    Opt out
    Posts
    2,285
    Mentioned
    2 Post(s)

    Re: Uniformed Services Former Spouse Protection Act (USFSPA)

    Quote Originally Posted by TJMAC77SP View Post
    Not sure and not sure of the relevance of the question.

    DFAS calls it retired pay and when I was a self employed consultant I received a 1099. Does that help?
    A 1099-R?

    File Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc., for each person to whom you have made a designated distribution or are treated as having made a distribution of $10 or more from profit-sharing or retirement plans, any individual retirement arrangements (IRAs), annuities, pensions, insurance contracts, survivor income benefit plans, permanent and total disability payments under life insurance contracts, charitable gift annuities, etc.

Similar Threads

  1. BAH Going Away?
    By Mjölnir in forum BAH
    Replies: 60
    Last Post: 01-06-2017, 06:45 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •