Implementation of the Uniformed Services Former Spouses' Protection Act

Implementation of the Uniformed Services Former Spouses' Protection Act
Author: GENERAL ACCOUNTING OFFICE WASHINGTON DC NATIONAL SECURITY AND INTERNATIONAL AFFAIRS DIV.
Publisher:
Total Pages: 51
Release: 1984
Genre:
ISBN:

Responding to a Supreme Court decision that military retired pay could not be divided as marital community property in divorce cases, the Congress authorized the services to pay part of a member's pay to a former spouse in compliance with a state court order. the services generally have done a good job implementing the act, but its complexity has caused problems. These problems concern interpretations of the act and court orders, and procedures for handling applications. Consequently, retirees and former spouses have sometimes been treated differently, depending upon the service involved. Some inconsistencies have been corrected but others remain.

Military Benefits for Former Spouses

Military Benefits for Former Spouses
Author: Congressional Research Service
Publisher: Independently Published
Total Pages: 24
Release: 2019-01-03
Genre:
ISBN: 9781793092021

In 1981, the Supreme Court ruled that the former spouse of a military member or retiree could not be awarded any share of that member's/retiree's retired pay as a part of a divorce property settlement in a community property state. In response, Congress enacted the Uniformed Services Former Spouses' Protection Act (USFSPA) in 1982. Under the USFSPA, as amended, state courts can treat disposable military retired pay as divisible property in divorce cases. However, state laws may vary on these concepts. The USFSPA makes no assumption of such a division nor does it presume how much of a division should be made. In addition to possible receipt of retired pay, certain former spouses remain eligible to receive certain military benefits or privileges. Recent changes in other laws that affect the concurrent receipt of military retired pay and veteran disability pay may affect the amount of retired pay a former spouse receives. In other situations, later career and financial decisions made by military retirees may affect the availability of their retired pay. For example, military retirees who take federal civilian jobs and then retire from those jobs can waive their military retired pay and credit their military time to their civilian careers. In so doing, they eliminate their military retired pay, and thereby any share that might have been awarded to the former spouse. Since its inception, the USFSPA has remained contentious. Opponents of the law feel that it is unfair to servicemembers and should be modified or repealed. Proponents argue that the law protects the former spouse within nationally accepted standards. Some of the most frequently cited issues include (1) definition of disposable retired pay, (2) effects from new laws concerning concurrent receipt of military retired pay and veteran disability compensation, (3) interactions with other federal retirement systems, (4) effects in cases of early separation of servicemembers, and (5) treatment of benefits upon remarriage of a former spouse. As with the original provisions of the USFSPA, these and other proposed changes have been the source of great debate. Although legislation making various changes to the USFSPA has been introduced in the past, none of this legislation has allowed for retroactive change to settled cases.

The Effects of the Uniformed Services Former Spouses' Protection Act on Military Retirement Benefits

The Effects of the Uniformed Services Former Spouses' Protection Act on Military Retirement Benefits
Author:
Publisher:
Total Pages: 90
Release: 2001
Genre:
ISBN:

The Uniformed Services Former Spouses' Protection Act (USFSPA) allows state courts to treat military retirement pay as property for possible division in matters of divorce. The problem is that several military and veterans' organizations believe this law to be discriminatory towards military members and seek legislative reform. Thus, the central research question is: Should Congress amend the Title 10, U.S. Code, Section 1408, USFSPA, to ensure just compensation for both military members and military spouses in court-ordered divorce settlements? This thesis examines the divorce laws affecting the military retirement system in comparison to the laws affecting all other federal retirement systems, the real-world applications of the USFSPA by state courts in all 50 states and the District of Columbia, and perceived inequities of the act

Uniformed Services Former Spouses' Protection Act

Uniformed Services Former Spouses' Protection Act
Author:
Publisher:
Total Pages: 140
Release: 2005
Genre:
ISBN:

This is an updated edition of JA 274, Uniformed Services Former Spouses' Protection Act, dated November 2005. This revision provides information on the history, state courts' jurisdiction to divide retired pay, divisibility of retired pay, the issue of disability compensation, direct payment to former spouse, additional benefits for former spouses, USFSPA and domestic abuse cases, USFSPA and Separation incentives and bonuses, and the Survivor Benefit Plan.