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.
I am recently divorced from a CMDR whom served 2 tours in Iraq. The 1st he was awarded the Bronze Star and the 2nd he had an affair with an enlisted 14 yrs younger than he. He told me before he left that I was not to worry about that as that would not happen on his command as it was an article 15.I never knew this law existed. I thought you had to be married 10 years to collect. We were married over 7 and had a wonderful life together so I was totally shocked as well as others with his admission of guilt. I totally love this man and would give anything to have our life back but he gave up on our marriage before he came home and never attempted to repair it even though I forgave him.I totally deplore spouses on the homefront that commit adultery but it goes on all too often in the combat zone as well. I guess my only recourse it to go to JAG with the trails of paperwork I have of the affair and both of their admissions. (She is married as well to a soldier)I was a proud Army wife that became another casualty of war. Patti Hill, Fl.
This law is plainly unfair. I'm a retired service member who served on active duty and in the reserves. I care for a disabled child that my ex-wife abandoned some 18 years ago. Yet now that I'm approaching 60 and my retirement kicks in, she's back for her "share", even attempting through her lawyers to get SBP moved from her own disabled child to herself.
The ex-spouse can get up to 50% of a service members pay REGARDLESS of their lack of support or behavior during the military member's career. They can even benefit from additional years of service or any promotions the member accrues AFTER the divorce. Finally, the member remains eligible for recall to active duty even after retirement. What does the ex-spouse do for their 50%? NOTHING!
My ex-spouse abandoned her own disabled child while I was a serving reservist. I'm told since she had no "legal" duty to support the child once that child passed the age of 18, I cannot even bring this up in court. Is there anything more unfair than this outrage?
Ex-spouse benefits should, by federal law, more limited. The assumption that any ex-spouse could possibly be worth 50% is patently unfair. They cannot possibly share the same dangers or responsibility. They most certainly have NO obligations after the divorce, whereas a retiree remains eligible for recall until death! Additionally, the federal law should mandate that state courts must verify that the ex-spouses behavior should be considered as a factor, regardless of state laws, and that this federal entitlement may not be treated as essentially equivalent to a private of civil service pension. It's not. Only the military can send you to war.
The ex-spouse benefit should be either limited to match the number of years of marriage, or it should be limited to a percentage of what was accrued at the time of divorce, with no adjustments for additional years served or promotions. DFAS has such a formula, however they also allow a more liberal one in which the ex-spouse gets a share based on the member's total service and rank. This is grossly unfair.
