Posted on Apr 8, 2015
Time to Change the Uniformed Services Former Spouses Protection Act
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On June 26, 1981, the U.S. Supreme Court ruled that military retired pay could not be treated as community property in divorce cases. In response, Congress enacted the Uniformed Services Former Spouses Protection Act (USFSPA) which decreed that state courts could treat military retired pay as property in divorce cases if they so chose.
Court established precedence creates unfair treatment of service members and should be carefully weighed on a case-by-case basis. In today's society, many spouses are well educated job seekers who are more than able to take care of themselves in the event of a divorce.
Court established precedence creates unfair treatment of service members and should be carefully weighed on a case-by-case basis. In today's society, many spouses are well educated job seekers who are more than able to take care of themselves in the event of a divorce.
Posted in these groups: 
Divorce
Divorce
Posted >1 y ago
Responses: 2
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I thought that the pay was halved to the spouse had they stayed within the relationship for a majority of the time in service (I think 14 of the 20 years)?
Is that not correct?
Is that not correct?
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SFC Mark Alaimo
I have provided a link below that may help with many questions. However, we must keep in mind that there is no federal formula and that courts at the state level are given many freedoms to award your "disposable" retired pay.
http://www.americanretirees.org/USFSPA%20Slides.pdf
http://www.americanretirees.org/USFSPA%20Slides.pdf
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