Time to Change the Uniformed Services Former Spouses Protection Act

SFC Mark Alaimo — Wed, 08 Apr 2015 19:43:39 -0400

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.

Response by CPT Zachary Brooks made Apr 8 at 2015 7:46 PM

CPT Zachary Brooks — Wed, 08 Apr 2015 19:46:31 -0400

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?

Response by MSG Private RallyPoint Member made Sep 5 at 2018 9:52 AM

MSG Private RallyPoint Member — Wed, 05 Sep 2018 09:52:34 -0400

Do I get my spouse’s half of her retirement when she divorces me?