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Thread: Uniformed Services Former Spouse Protection Act (USFSPA)

  1. #81
    Senior Member USN - Retired's Avatar
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    Re: Uniformed Services Former Spouse Protection Act (USFSPA)

    Quote Originally Posted by garhkal View Post
    Very doubtful
    But i love that you sent it in. Quick question. Did you mail it in via a return receipt so you got conformation he got it?
    The letter wasn't from me, i.e. I am not Stephanie Joyner. I found her letter on another website and posted it here. Perhaps the Navy Times will print Stephanie's letter in their magazine. Stephanie's letter shows that there are women who oppose USFSPA.

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    Re: Uniformed Services Former Spouse Protection Act (USFSPA)

    Ah. My bad. Thought it was you who sent it in..

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    Re: Uniformed Services Former Spouse Protection Act (USFSPA)

    Did you know???...

    Department of Defense (DOD) Directive 1352.1:

    a.. Involuntary Order to Active Duty. The Secretary of a Military
    Department may order any retired Regular member, retired Reserve member who
    has completed at least 20 years of active military service, or a member of
    the Fleet Reserve or Fleet Marine Corps Reserve to active duty without the
    member's consent at any time to perform duties deemed necessary in the
    interests of national defense in accordance with 10 U.S.C. 683 (reference
    (b)). This includes the authority to order a retired member who is subject
    to the Uniform Code of Military Justice (UCMJ) to active duty to facilitate
    the exercise of court-martial jurisdiction under Section 302(a) of reference
    (b). A retired member may not be involuntarily ordered to active duty solely
    for obtaining court-martial jurisdiction over the member.

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    Senior Member Shrike's Avatar
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    Re: Uniformed Services Former Spouse Protection Act (USFSPA)

    Quote Originally Posted by USN - Retired View Post
    Did you know???...

    Department of Defense (DOD) Directive 1352.1:

    a.. Involuntary Order to Active Duty. The Secretary of a Military
    Department may order any retired Regular member, retired Reserve member who
    has completed at least 20 years of active military service, or a member of
    the Fleet Reserve or Fleet Marine Corps Reserve to active duty without the
    member's consent at any time to perform duties deemed necessary in the
    interests of national defense in accordance with 10 U.S.C. 683 (reference
    (b)). This includes the authority to order a retired member who is subject
    to the Uniform Code of Military Justice (UCMJ) to active duty to facilitate
    the exercise of court-martial jurisdiction under Section 302(a) of reference
    (b). A retired member may not be involuntarily ordered to active duty solely
    for obtaining court-martial jurisdiction over the member.
    How's that related to the USFSPA?
    Retirement rocks!


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    Re: Uniformed Services Former Spouse Protection Act (USFSPA)

    Quote Originally Posted by Shrike View Post
    How's that related to the USFSPA?
    A retired military member who is receiving retired military pay may be involuntarily recalled to active duty.

    A former military spouse who is receiving retired military pay has no legal obligation whatsoever to the military.

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    Senior Member Shrike's Avatar
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    Re: Uniformed Services Former Spouse Protection Act (USFSPA)

    Quote Originally Posted by USN - Retired View Post
    A retired military member who is receiving retired military pay may be involuntarily recalled to active duty.

    A former military spouse who is receiving retired military pay has no legal obligation whatsoever to the military.
    ...



    ...




    ...




    ...and???????????????????????????????
    Retirement rocks!


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    Re: Uniformed Services Former Spouse Protection Act (USFSPA)

    Quote Originally Posted by Shrike View Post
    ...

    ...and???????????????????????????????
    And....

    Given that the retired military service member can be involuntarily recalled to active duty (and sent into combat!) and the former military spouse has no similar legal obligation, why should the states be allowed to divide military retirement income in a divorce, especially after a short marriage with no children?

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    Re: Uniformed Services Former Spouse Protection Act (USFSPA)

    Too true. That just goes to prove that the retirement pay is actually a retainer pay.. ergo why should it ever be considered joint property for divorce.

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    Re: Uniformed Services Former Spouse Protection Act (USFSPA)

    Quote Originally Posted by USN - Retired View Post
    And....

    Given that the retired military service member can be involuntarily recalled to active duty (and sent into combat!) and the former military spouse has no similar legal obligation, why should the states be allowed to divide military retirement income in a divorce, especially after a short marriage with no children?
    Because the law allows it.

    Really, that's the answer.
    Retirement rocks!


    A 1911 in the hand is better than 911 on the phone.

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    Senior Member TJMAC77SP's Avatar
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    Re: Uniformed Services Former Spouse Protection Act (USFSPA)

    Quote Originally Posted by Shrike View Post
    Because the law allows it.

    Really, that's the answer.
    It is the law but it illustrates the central pillar of the position that the DoD and specifically the DoD Comptroller took during the bill's consideration (not hearings because there weren't any hearings). The DoD argued (and I have stated it several times here and in other threads) that retired pay is not a typical retirement annuity and should not be considered marital community property. This central difference was ignored in the USFSPA and has continued to be ignored by the courts. It is legal, but that doesn’t make it right.
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