Military Retirees

[MikeH]

Would like to find out if there are any military retirees (besides me) in the TDR membership who are being shafted by a little known and extremely biased federal law known as The Uniformed Services Former Spouses Protection Act (USFSPA).



If you are affected by this law and don't want to post it on the board, please PM me.



After years of trying to get the law changed and being continually blown off by congress, we are trying to put together a class action lawsuit to challenge the constitutionality of the law.



Thanks, MikeH

 

[mdlowry]

What is this law? I'm not familiar with it since I'm not married and I only did 6 years.

 

[MikeH]

If you serve long enough to earn retainer pay or retirement pay, basically 20 years or more, and were married for 10 of those years, the law provides that in case of divorce, no matter what the circumstances are, that your former spouse is entitled to a percentage of your retainer/retirement pay. It equates to 25% for 10 years of marriage and scales up to 50% for 20 years.



This is awarded to the former spouse in addition to child support, alimony, division of property, etc. It also is permanent. Even if the former spouse remarries, he/she keeps on getting that same share of the military retirees' pay for life.



For example, if you enlist, are married and your wife runs off with your best buddy while you're at sea resulting in a divorce after 10 years of marriage and you are an E5, your ex gets all the normal court ordered division of property, alimony, child support, etc. You decide to stay military, eventually remarry and retire after 22 years as an E9. Your first wife automatically under federal law is eligible for 25% of your E9 with 22 years retainer pay. If you get recalled to active duty, your former spouse will get a pay raise for the additional active duty time you serve.



I could go on about the problems with it, but you get the idea. The great Patsy Schroeder from Colorado was instrumental in sneaking this law through in the mid 1970s.

 

[Hale on wheels]

Boy that is sorry, I wish you guys the best getting rid of that ridiculousness.

 

[Paychk]

I'm one of a few lucky military guys, the X waived all rights to my Mil retirement pay. BUT from what I've been told under this Law She could go back to court and be awarded 50% of my pay. The law should read if you divorce prior to the 20 year mark you get nothing. After all if I leave the Mil prior to 20 years that is what I would get. It just ain't fair







edit sp.

 

[wcaldwell]

Like Paychk, my ex and I made an agreement after 10 years and 7 months - she gets the house and everything in it (she makes the payments and insurance) and child support. I get all of my retirement. She signed it and it's in the divorce decree. Don't tell her she may be entitled to any of my retirement pay - she doesn't have to know that.



Talk about the screwin you get for the screwin you got ?!?!?!?!?!?

 

[MikeH]

One of the things we have been trying to do is get a two year statute of limitations enacted on the time an ex has to file under USFSPA. As it stands today, the ex can come back and get you anytime as long as you are still breathing.



Been working on that since the mid 80's when B1 Bob Dornan was our sponsor in congress. The fem lobby has most of congress so scared they are afraid to do anything. We were only able to get 73 house co-sponsors for our legislation in the 107th congress and we couldn't even get corresponding senate legislation introduced.



If you know of anyone who is affected, put them in touch with me. We need more people who will take an active part in the cause.



In the meantime, go to www.americanretirees.org where you can sign a petition and read some real life horror stories about this thing.