Page 1 of 26 12311 ... LastLast
Results 1 to 10 of 257

Thread: Uniformed Services Former Spouse Protection Act (USFSPA)

  1. #1
    Junior Member
    Join Date
    Apr 2010
    Posts
    1
    Mentioned
    0 Post(s)

    Uniformed Services Former Spouse Protection Act (USFSPA)

    Does anyone have any current information regarding the changing or repeal of the USFSPA? Who are the "front running activists" aginst this outdated Act? I have searched the internet and mostly what I find is legal descriptions on the law. The latest info concerning the repeal of the law are a year or older.
    It also seems from what I have been reading, the state courts do not even understand this law. State courts do not HAVE to split retired pay. The law just gives them authroity to do so. There is a difference.

  2. #2
    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 SeenItAll View Post
    Does anyone have any current information regarding the changing or repeal of the USFSPA? Who are the "front running activists" aginst this outdated Act? I have searched the internet and mostly what I find is legal descriptions on the law. The latest info concerning the repeal of the law are a year or older.
    It also seems from what I have been reading, the state courts do not even understand this law. State courts do not HAVE to split retired pay. The law just gives them authroity to do so. There is a difference.
    What would you like to see it changed to?

  3. #3
    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)

    Oh boy...........................here we go.
    ___________________
    Read carefully, think, then write thoughtfully……………………………..

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

  4. #4
    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 SeenItAll View Post
    Does anyone have any current information regarding the changing or repeal of the USFSPA?
    It has been a long and tough battle. Congress doesn't want to touch it. The whole issue is political poison. Interestingly, a growing number of women are now starting to oppose USFSPA. Some of the second wives of retired military service members are not happy with USFSPA, i.e. they're not happy that part of their husband's military retirement pay is going to an ex-wife, especially when the ex-wife doesn't really need or deserve a part of the military retirement pay. Additionally, there is a growing number of retired female military service members who are losing part of their military retirement pay because of USFSPA.

    Quote Originally Posted by SeenItAll View Post
    Who are the "front running activists" aginst this outdated Act?
    Here are the websites of those groups who are fighting for equity and fairness in a military divorce:
    http://www.ulsg.org/
    http://www.americanretirees.org/

    Quote Originally Posted by SeenItAll View Post
    State courts do not HAVE to split retired pay. The law just gives them authroity to do so. There is a difference.
    In community property states, the courts must split the military retirement pay (i.e. income) if the military spouse demands a part of the military retirement pay. Even in those states that are not community property states, the courts usually split the military retirement pay when the military spouse demands a part of the military retirement pay, especially in no-fault divorce cases.

    I get the impression that the military spouse community, both former and current, is avoiding any open debate about USFSPA. I suspect that they know that the pendulum has swung far to their side, and they are hoping to hold on to their advantage for as long as possible.

  5. #5
    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
    What would you like to see it changed to?
    1. Here are some changes that I would make:

    a. USFSPA should order the divorce courts to look at military retirement pay as income. Military retirement pay should not be considered as property by state divorce courts. If a former military spouse needs "protection", then the state divorce courts can award her alimony and/or child support. USFSPA should continue to allow alimony and/or child support to be garnished from military retirement pay, i.e. sent directly from DFAS to the ex-spouse.

    b. Additionally, USFSPA should state that any and all civilian retirement accounts (401k, TSP, IRA, etc) earned by a military spouse are not to be considered marital property or community property. In other words, any and all civilian retirement accounts (401k, TSP, IRA, etc) earned by a military spouse should be the sole property of the military spouse. I do understand just how radical that proposal sounds, but if life for the working military spouse is really as tough as everyone says it is, then why should a military service member be allowed, in a divorce, to claim co-ownership of the civilian retirement accounts (401k, TSP, IRA, etc) that were earned by his or her military spouse?

    3. Questions to ponder - Should those military spouses who have never been the primary caregiver of the children of military service members be given the same protections under the USFSPA as those military spouses who are or were the primary caregiver of the children of military service members? If the answer is "yes", then why?

    4. The current version of USFSPA is a form of legislative hocus pocus that has changed income into property. A retirement from the military doesn't really have any of the characteristics of property.

  6. #6
    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 TJMAC77SP View Post
    Oh boy...........................here we go.
    This is my favorite subject!

    Hopefully, the military spouses, both former and current, will show up here for an aggressive :boxing yet civil :love debate of this interesting subject.
    :whoo :lol

  7. #7
    Member mel44's Avatar
    Join Date
    Dec 2008
    Location
    Texas Beach Houston
    Posts
    95
    Mentioned
    0 Post(s)

    Re: Uniformed Services Former Spouse Protection Act (USFSPA)

    I don't know much about this subject because James and I have our own money and our own retirement as well as James has an education and career that will follow retirement from the military but I will comment on the fact that his first wife was married to him 7 years and the divorce court awarded her 1/2 of his retirement. She then went on to marry the soldier she left him for and was married to him for 8 years and got half his retirement. Now this woman has never served nor did she work but due to children she gets $2000. a month child support from us and another thousand from the second soldier and full retirement by getting half of both mens retirement. There is just something wrong with this!
    Texas Has The Death Penalty - We Use It!:biggrin

    Last Year They Introduced Legislation That Would Expedite The Appeals Process If There Were 3 or More Witnesses To The Crime

    While Other States Are fighting To Keep The Death Penalty Out
    Texas Is Putting In An EXPRESS LANE!!
    Ron White:rockon

  8. #8
    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 mel44 View Post
    on the fact that his first wife was married to him 7 years and the divorce court awarded her 1/2 of his retirement.
    Did the court really say that he has to pay her 50% of his military retirement pay for life? Did your husband hire Daffy Duck as his attorney in his divorce? For a military marriage that lasted only seven years, the former military spouse would normally get 17.5% of the military retirement, assuming that the military service member retires at 20 years of service (i.e. 7/20 X 50% = 17.5%). You might want to check the details on his divorce decree.
    Since your hubby was only married for 7 years to his ex-wife, DFAS won't pay her directly.

    Quote Originally Posted by mel44 View Post
    but due to children she gets $2000. a month child support from us
    I have no children. I only paid about $300 once for a vasectomy. It looks like I got the better deal.

    Quote Originally Posted by mel44 View Post
    There is just something wrong with this!
    Have you and your husband signed the USFSPA petition to congress?
    http://www.petitiononline.com/USFSPA/petition.html

  9. #9
    Member mel44's Avatar
    Join Date
    Dec 2008
    Location
    Texas Beach Houston
    Posts
    95
    Mentioned
    0 Post(s)

    Re: Uniformed Services Former Spouse Protection Act (USFSPA)

    We have never had any luck with the Georgia court systems. Every time James has gone back for an amendment or to enforce original order they always uphold the original ruling or slap her on the hand and say "no no". I have to not think about it because it makes me want to fight and its not my place, its his. I just think its wrong. He works hard for his retirement and it should not be something that is given away that easy. I think if it were me I would just quit the year before retirement just to spite her, but thats me He is a Engineer and will make a nice living once the military is over so its not really the money, it's the principle.
    Texas Has The Death Penalty - We Use It!:biggrin

    Last Year They Introduced Legislation That Would Expedite The Appeals Process If There Were 3 or More Witnesses To The Crime

    While Other States Are fighting To Keep The Death Penalty Out
    Texas Is Putting In An EXPRESS LANE!!
    Ron White:rockon

  10. #10
    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
    1. Here are some changes that I would make:

    a. USFSPA should order the divorce courts to look at military retirement pay as income. Military retirement pay should not be considered as property by state divorce courts. If a former military spouse needs "protection", then the state divorce courts can award her alimony and/or child support. USFSPA should continue to allow alimony and/or child support to be garnished from military retirement pay, i.e. sent directly from DFAS to the ex-spouse.

    b. Additionally, USFSPA should state that any and all civilian retirement accounts (401k, TSP, IRA, etc) earned by a military spouse are not to be considered marital property or community property. In other words, any and all civilian retirement accounts (401k, TSP, IRA, etc) earned by a military spouse should be the sole property of the military spouse. I do understand just how radical that proposal sounds, but if life for the working military spouse is really as tough as everyone says it is, then why should a military service member be allowed, in a divorce, to claim co-ownership of the civilian retirement accounts (401k, TSP, IRA, etc) that were earned by his or her military spouse?

    3. Questions to ponder - Should those military spouses who have never been the primary caregiver of the children of military service members be given the same protections under the USFSPA as those military spouses who are or were the primary caregiver of the children of military service members? If the answer is "yes", then why?

    4. The current version of USFSPA is a form of legal hocus pocus that has changed income into property. A retirement from the military doesn't really have any of the characteristics of property.
    I would like to see the law come up with an "approximate value" of the military retirement for the servicemembers rank and years in service...

    ...and then allow the courts to treat that value as if it were in a 401K or other account, and award the spouse an appropriate cash value rather than this lifelong payment thing.

    For example...say and E-6 with 12 years in...his retirement "value" might equate to say...$60K. So, the judge may order him to pay his spouse $30K of that $60K. (obviously since he doesn't actually have it in cash, a payment plan may be needed)...but then once he's done, he's done.

    This would protect the spouse from future misconduct of the servicemember...(like say a divorced Colonel who rapes his secretary and loses his retirement...both for himself and his ex-wife's portion). It would also not have the spouse benefitting from the future service of the member (i.e. that TSgt gets commissioned, does 30 more years and retires as a colonel, when she was only there for the TSgt part).

    I don't think this scheme would be inconsistent with the rest of the US laws regarding property distribution at the time of divorce.

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
  •