I think there are a lot of inequities in this law towards the military member. What a lot of people don’t understand is that the so called retirement is not automatic. The military member must first serve a minimum of 20 years to be eligible to request retired retainer pay. To receive this pay the member must agree to remain subject to recall to active duty, remain a citizen of the United States and subject to the Uniform Code of Military Justice (UCMJ). Failure to remain a citizen or violation of a law that is a federal offense can result in the military terminating your retired retainer pay. If the military wishes they can recall you just to prosecute you under the UCMJ for violation of laws. The USFSPA allows spouses married to military member, even for one day to be eligible to receive retired retainer pay with out ever having to meet any of the requirement the military person must meet to receive the pay. I wonder if they would want it if they had to meet the same requirements.
I am a fomer ex-spouse of a military retiree and we was married for 25 years. When he retired in 1994 we moved back to his hometown and he begin cheating on me with different women and staying out all night long and come home accusing me of cheating and he new all the time that he was doing wrong. So in my case I deserved half of his retirement. He left me for a younger woman. So I think spouses that has gone through what I have should receive half of their retirement. Between the babies and the frequent moves I had to put my career on hold. So don't down every ex military spouse and put them all in the same catergory.
No offense to you, but sometimes bad things happen in marriages and they break up. That should have no bearing on a persons retention pay. That's ridiculous. If he were to be called back to duty are you going to out there on the front line with him?
It's not property. Property such as pensions are divisible as they should be because family funds go into these accounts. Money that could have been used for the family, but the only thing that goes into retention pay is the military members blood, sweat and tears and years of sacrifice. The family did not suffer financial sacrifice.
This law is ridiculous and it does not help anyone involved. The Women libbers who went to congress crying only hurt their daughters who now serve this great country. Their own sons can also be hurt by this. And worse they get married for one day or a month and they are required to divide their future retainer pay. This is gold digging and looting our military personnel. It does not take our national security into account either.
