Attention: Active And Retired US Military Personnel [VIDEO]

Divorce is severely affecting members of the Military, the Coast Guard and the National Oceanographic & Atmospheric Administration. [VIDEO]

by Rick Thorne and USLG.org  

Are you aware there is a federal law, Title 10 United States Code 1408, called the Uniformed Services Former Spouse Protection Act, USFSPA, that enables military retirement/retainer pay to be treated as common property and divided in state divorce courts?  That this law gives states judges the power to award a former spouse up to 50% of a retired veteran’s pay regardless of circumstances, and for life, even if the spouse remarries?  And while service retirement requires at least 20 years service, the former spouse need be married only one day?

No other government agency is affected by this law, only those stated above, and it is equally impacting male and female service persons.  It must be understood that military retirement/retainer pay is a benefit awarded to a service member for retained service, in that a former service member can and will be recalled to Active Duty in time of national need – as is being done today… 

Further, the retired member is subject for life to the Uniform Code of Military Justice (UCMJ) that in some respects precludes the full protection afforded by the US Constitution. 

Be informed – military retirement is not a pension – members do not monetarily contribute to any pension fund, their retirement is assured through their continued service to our country.  Military retirement pay, while designated as property in the “federal divorce law,” cannot be transferred or inherited, and contrarily is taxed as income.  We have here a bad law that needs to be repealed.

Today, the US Armed Forces have a greater divorce rate than our civilian society which itself exceeds 50%. And though the Department of Defense (DoD) asserts it is a strong advocate of family values, their respective treatment of members facing divorce, or who are divorced, is shameful.

The DoD has never briefed active duty or retired troops about the pernicious effects of the law on this most important of military benefits. Those benefits, enacted purposely to compensate the military member whose role frequently involves combat dangers, are, under the USFSPA, mandated to be shared for life with an ex-spouse who never faced combat nor any hazardous duty.

Tragically, both the DoD and the Congress have turned their backs on this major problem, placing at risk the very foundation of our military system, sustained and life-time military careers.

Regardless of rank, divorce is an across-the-board a traumatic event. And we remind those transferred into reserve status can similarly be affected by the USFSPA. While the Supreme Court had earlier ruled that military retired/retainer pay could not be classified as property, Congress backdated the USFSPA law to overturn that decision of our highest court. Congress makes laws and Congress can change laws.

USFSPA affected persons should address this important issue with their federally elected officials. During the last 25 years, significant changes in societal attitudes and laws have significantly balanced the scales of gender equality and old concepts and practices no longer apply. Today’s society has changed and many laws, certainly the USFSPA, are no longer viable and must be repealed.

Some examples that demonstrate the unfairness of this outdated law:

1. A service member divorces at 10 years service and stays on to further his/her career, while the former spouse goes his/her own way. The former spouse may remarry even as the military member continues career progression. However, upon retirement, perhaps 12, 15, or even 20 years later, the former spouse will be entitled to receive, by court award, up to 50% of the service member’s retirement pay based on the rank at retirement, not the rank at divorce. Also, if the ex-spouse remarries, a third party automatically benefits from the service members’ retired pay. The garnishment of military retired pay stops only upon the death of the member or the ex-spouse.

2. A former spouse who remarries another military member, and subsequently divorces for a second time, is still eligible to be awarded up to 50% (in most cases) of each member’s retirement pay. Now in this situation, the former spouse who was married to two service members is drawing 100% retirement pay while the two veterans, who served without question, with honor, duty, and a commitment not exceeded by any other profession, go on with their lives (and their new families) with only half that each rightfully earned.

3. A third and final example is the former spouse who is receiving a court-awarded portion of retired/retainer pay and who is found guilty of a felony. The former spouse will still receive their portion of the military member’s retirement/retainer pay but had the service member committed the felony their retirement pay would have been automatically stopped, because they remain subject to the (UCMJ) whereas the former spouse is not.

Where is the fairness in the treatment of retired/retainer pay as property for the service veteran?

When states have “No Fault” divorce laws – then there is no fault and as clearly shown by statistics, state court judges almost always have been awarding 50% of the retired/retainer pay to the former spouse if not just to clear their docket due to the many cases before them.

Since the mid-1980’s, the United States of America has been involved in conflicts throughout the world, some lasting a few years, others lasting only months but all causing marital stress. The divorce rate has not decreased since the passing of the USFSPA; indeed, it has significantly increased and continues to rise. Congress has amended the law 22 times since the USFSPA was enacted in 1982 – 17 of these amendments have benefited the ex-spouse, one has benefited the military member, and four have generally equally affected both sides.

If you believe this could never happen to you, think again! Statistics continue to mount to disprove that belief and too often the military member is broadsided by the Law.

You should learn about the ongoing campaign to overturn the USFSPA by congressional repeal action. There is a large group of veterans, assisted by politicians, family and friends working to affect its repeal. The organization is the ULSG, LLC (Uniformed Services Former Spouse Protection Act Liberation Support Group). Let them know you are concerned – you can access them at HYPERLINK "http://www.ulsg.org/"http://www.ulsg.org. For recent actions urging Congress to get involved you can go to: HYPERLINK "http://groups.google.com/group/10usc1408"http://groups.google.com/group/10usc1408. Co-wrote by; Rick Thorne and uslg.org