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Asked 1/23/2011

Usfspa and retainer/retiremnet pay

Military Members have been getting the short end of the stick in STATE divorce courts for years. When are the Military Spouse's going to step up and run for State/Federal office to get FAIR DIVORCE LAWS!

 
 
 
 
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Answer 1/3 - Submitted 1/23/2011

I served 20 years 7 months and 6 days in the US Navy as an Aviation Electrician and Naval Aircrew Member. I am currently disabled due to injuries received while in the service of my county.

MY MESSAGE IS SIMPLE “REPEAL” The United States Former Spouses Protection Act. (USFSPA) This would provide fairness and equality for our retired and divorced service members both male and female in all branches of the military. Military retainer pay is just that retainer pay not a retirement system that my wife or I contributed into. The DOD considers it reduced pay for reduced services. The IRS also considers it pay.

THIS IS JUST PLAIN WRONG.
State courts have looked at military retirement as a qualified retirement plan that both husband and wife contributed to when in fact NO CONTRIBUTIONS from either party were made. The courts have then AWARDED the military retainer pay and the Military Members VA Disability for LIFE to the other divorced spouse even upon remarriage. Some times ex-spouses receiving two and three military retirement checks from the retainer pay of the ex service members.

When an ex-spouse of a service member remarries, or co-habilitates with another person of the opposite sex, then, like other federal and state statutes the garnered payments of Military Retainer/Retired Pay to the ex spouse should be terminated.

We must stop allowing State Courts to award military retainer pay to an ex-spouse for LIFE! No other federal or State Retirement system does this including the FBI, FSA, CIA, Social Security, and State Public Employee Retirement System (State Senators, State Representative, Judges, and Teachers ETC.

THIS IS RIGHT!
The military member should never be required to financially support an ex-spouse and his/her new family, or partner, for the rest of their life! I was injured while on active duty and don’t ever remember my spouse jumping out of the airplane with me or repairing airplanes for the Navy. She did not work in freezing weather with hands numb from the cold or repairing an aircraft under a 120-degree desert sun halfway around the world.
I love my wife, however, she was not the one risking her life everyday. Although, the majority of military spouses make sacrifices, they are not the ones who raised the right hand and swore to up hold the laws and constitution of the United States, the same effort and dedication that every airman, marine, sailor, soldier swore too.

A REPEAL of the USFSPA would prohibit state courts from awarding VA Disability Compensation to a third party (ex spouse), which is in violation of Federal law. No person has the right to seek benefits from an injury to another caused by military service. Not only is this appalling, but also it is unconstitutional.

 
 

Answer 2/3 - Submitted 2/7/2011

From what I've seen, the civilian lawmakers in Congress have taken care of the civilian spouses in divorce courts. The military Joint Chiefs of Staff have not taken care of the military spouses in divorce courts. This is because the civilian lawmakers in Congress make laws, but the Joint Chiefs of Staff have no authority to make laws. So, yes, your suggestion is good, but even if a veteran succeeds in getting elected to Congress, he probably is not divorced himself. (Politicians tend to avoid divorce because it looks bad to the voters.) Even if he were both a veteran and a divorcee, he still is now a civilian, no longer on active duty. As those of us who are veterans know, there's a world of difference between being on active duty, and returning to civilian life and finally settling into being a civilian again. No one can understand a soldier on active duty except another soldier. Civilians, i.e. those in Congress who make all the laws, do not understand soldiers; if they're veterans themselves, their memories of soldier life have grown dim. Soldiers don't make the laws, not even the Joint Chiefs of Staff. It's a crying shame. Soldiers are soldiers, and they are often wounded by dishonorable spouses. Within the armed forces, people should take care of each other as much as possible. After an unfair divorce decree, something should be done to compensate the soldier, from within the military, not from Congress. There's no hope there.

 
 

Answer 3/3 - Submitted 2/7/2011

What YOU BELIEVE is completely irrelevant.
MRP is Not only awarded to murderers but, drug dealers, thief's, bank robbers, and other types of defrauders, all these are consider serious FELONIES. Yet any similar act committed by a retired military member and their Retainer Pay Stops IMMEDIATELY.
As far as a Judges awarding Retainer Pay to a convicted Felon it happens ALL the TIME. Most state laws are written to treat MRP strictly as Property, and the judges have no leeway or deliberately choose not to look at any other circumstances. Since laws vary from state to state and in US territories what is acceptable in one state is completely unacceptable in another. My brother's ex spouse was charged with three felonies in Maryland and she still collects her 50%.
I worked with two E-6's that where in the Navy back in the mid 90'S and their ex's went on a check bouncing spending spree on base spending 10's of thousands of dollars as well as max’ing out all the credit cards. While they where deployed on an aircraft carrier for 6 months. When they got back both ex's had also taken ALL the household effects and vehicle's then moved in with boyfriends in other states. At least one of them did everything she could to get him kicked out of the Navy (hence the check writing spree).
The military authorities made both the E-6's pay back the government for the military dependents behavior. Both got divorced and at least one of them had his ex spouse come back over 8 years later (that he had not seen or even heard from) and try to get his MRP.
This is one of the many reasons why USFSPA needs to be Repealed or at least completely rewritten.

 
 
 
 
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