Talking Points
USFSPA only affects members of the seven uniformed services — USA, USN, USMC, USAF, USCG, PHS and the NOAA – no other Federal agencies have such a harsh law. Most State agencies exempt their retirees from similar provisions.
USFSPA is designed to give flexibility to state courts to assure equity in a divorce but many state courts still incorrectly apply the Law as though mandated.
Military retainer pay requires continued action on the part of the retiree, but none on the former spouse. This literally makes retirees financially “indentured.”
USFSPA assumes that all former spouses have been hurt in a divorce, even with no evidence of any actual harm. This is contrary to normal legal principles.
Settlements made under USFSPA often exceed that of alimony for civilian spouses, making military retirees indentured for life. Now, only seven states allow lifetime alimony for a former spouse!
The USFSPA is often a double whammy — first the retainer pay is considered property, then divided; the divided share is then used to calculate child support; in effect the military retirement is divided twice!