Military Fair or unjust?

[family TJ]

So after serving 20 years I looked forward to retiring. On July 31 this year I retired. Middle of August I get a letter in the mail stating that my ex-wife gets 40% of my retirement before taxes. This is all do to a law passed in 1982 called the Uniformed Services Former Spouses Protection Act. Basically retirement pay is called retainer pay and if you were married 10 years in the service the ex-spouse can get up to 50%. The federal law makes your pay joint property. So out of my $1651 a month before taxes she gets $691. Sound fair? Add in that I also have to pay her $1000 child support and now I am negative on the retirement. Thats almost $1700 a month from me. Basically she gets $21000 a year from me. That's Minimum Wage and she is remarried to a guy in the Army now.

If you think it is unjust and this only targets the military you can help change the law by signing the petition and passing the word along. Here is a link to the petition.
http://www.petitiononline.com/USFSPA/petition.html

More info can be read here
http://www.ulsg.org/

Please pass the word along to anyone that you now that currently serves or has served.

 

[RCP Phx]

Its not just the military,a spouse(current or ex) has "rights" to any and all pensions,annuities,retirements,medical,life,etc. 30yrs ago I got lucky in my divorce as she waived her rights to my annuity and pension(I.B.E.W.).

 

[WB9YZU]

It all depends on what was stipulated at the time of the Divorce Decree that You and Your now Ex agreed to and the Judge signed off on.

If that decree indicated that your Ex gets 1/2 of your retirement, then that's what you agreed to. If it states something to the contrary, you need to show them the Divorce Decree, and they have to follow it also.

 

[AIbandit]

Its not just the military,a spouse(current or ex) has "rights" to any and all pensions,annuities,retirements,medical,life,etc. 30yrs ago I got lucky in my divorce as she waived her rights to my annuity and pension(I.B.E.W.).

This, Don't blame the military. Blame women that want equality but conveniently forget about that alimony law.

 

[GrimmJeeper]

Don't blame the military. Blame women.

:cheers:

 

[NorCalChris]

This, Don't blame the military. Blame women .

:cheers: x2

 

[XJ 4-play]

Apparently when you got divorced she went after your Retirement. You should have gone after her retirement just the same (if she works). You are just as entitled to hers.

You also have one year to update your survivor benefit plan after a divorce. Most of the time the lawyer's forget about that. Don't forget to remove it or when your dead she'll get that money as well.

 

[boomhauer]

I think it's Bullsh!t she is getting that much money from you. I can see child support for sure, but she is remarried, why should she be entitled to anything? I feel sorry for the poor bastard she married.
If she gets divorced from this fella in 10 years is she entitled to your pension and his pension? She could make a fortune doing this every 10 years! Geez man, i'm mad for ya! Somethings not right here, it's just plain wrong.

 

[shawnhancel]

this is why im not married, Navy 6 years now. im supporting this petition and sending it around my ship via email, hopefully this will get enough support to be reveiwed by somebody with power to change it.

 

[joe_peters]

Screw it, return to active duty and stay on active duty--she gets NADA.

 

[SC Rednek]

Don't blame the military. Blame women.

:cheers: x3

 

[tbburg]

Screw it, return to active duty and stay on active duty--she gets NADA.

Oh, man, stay in until toss you out with the garbage. Boy would that piss her off!

 

[Darky]

I thought that if she remarries, she loses her right to your retirement. Either way, sucks, but unfortunately that's part of the cost of doing business. Look at it as a freedom tax.

 

[Boatwrench]

You did 20 years and still have to ask the question "Is the military fair?"

 

[LazersGoPEWPEW]

I thought that if she remarries, she loses her right to your retirement. Either way, sucks, but unfortunately that's part of the cost of doing business. Look at it as a freedom tax.

I want to say that's true.

 

[Darky]

http://www.equalityinmarriage.org/wddiv.html

I think this site is geared towards the dependent, but they do say that

[FONT=verdana,helvetica,arial,sans-serif][SIZE=-1]If you remarry before you're 55, you lose the benefits.[/SIZE][/FONT]

[FONT=verdana,helvetica,arial,sans-serif][SIZE=-1][/SIZE][/FONT]

 

[joe_peters]

[FONT=verdana,helvetica,arial,sans-serif][SIZE=-1]You have only one year after the divorce to claim your share.
If you remarry before you're 55, you lose the benefits.
Benefits may be restored if your new marriage ends in death or divorce.
According to federal law, divorce spouses are not entitled to the service member's disability pay.
[/SIZE][/FONT]
Go back on active duty.
Hire a lawyer--did she file a timely claim?
Did she remarry before her 55th birthday?
Pray for the good health and long life of the new husband.
See if you can qualify for a disability retirement.

 

[Otter]

As far as the federal law is concerned (Title 10) there is no stipulation for the ex-spouse to file within one year, nor is there an exclusion if they remarry before age 55. I believe the website claiming that is confusing retired pay with the SBP. States have different approaches to the issue and may have mandates of their own regarding the process, however the USFSPA simply gives states the jurisdiction to divide military retired pay as property. The USFSPA does outline minimum requirements to establish jurisdiction and defines retired pay, but otherwise leaves the issue of division to the court/state with jurisdiction.

 

[Programbo]

Sound fair?.

I think you need a good lawyer.