Divorce - USFSPA

[diem90]

What is the name of your state (only U.S. law)? Texas

My dad retired after giving 20 years of his life in service of our country and was married for almost his whole service. My mom cheated on him for 15 of those years and are now getting divorced. According to USFSPA, the spouse can receive up to 50% of his retirement benefits. This act was created to protect the spouse of soldier infidelity, what about when the infidelity is against the soldier? Anybody know if there's a loop hole to this law or know how to fight it?

 

[Zigner]

What is the name of your state (only U.S. law)? Texas

My dad retired after giving 20 years of his life in service of our country and was married for almost his whole service. My mom cheated on him for 15 of those years and are now getting divorced. According to USFSPA, the spouse can receive up to 50% of his retirement benefits. This act was created to protect the spouse of soldier infidelity, what about when the infidelity is against the soldier? Anybody know if there's a loop hole to this law or know how to fight it?

Your dad's attorney should be able to help answer the questions...

 

[OHRoadwarrior]

It was created to protect the spouse of a soldier in recognition of their time in the marriage. You came up with the infidelity part yourself. Dad should have divorced her 14 years ago, if fidelity was an issue to him. That would have lowered monies mom is entitled to.

 

[Zigner]

http://www.dfas.mil/garnishment/usfspa/legal.html


The Uniformed Services Former Spouses' Protection Act (USFSPA), 10 U.S.C. 1408, accomplishes two things:

It recognizes the right of state courts to distribute military retired pay to a spouse or former spouse (hereafter, the former spouse), and
It provides a method of enforcing these orders through the Department of Defense.

The USFSPA does not automatically entitle a former spouse to a portion of the member's retired pay. A former spouse must have been awarded a portion of a member's military retired pay as property in their final court order. The USFSPA also provides a method of enforcing current and/or previously owed (arrears) child support and current alimony awarded in the court order. For more information, please see the regulation.

Basically, it gives states the means to deal with a Federal benefit.

 

[diem90]

Uncontested Divorce

Does it specifically need to state they seek garnishment of his retirement benefits?

My dad turned in a uncontested divorce in Texas and she signed it stating nothing about his retirement benefits.

 

[LdiJ]

What is the name of your state (only U.S. law)? Texas

My dad retired after giving 20 years of his life in service of our country and was married for almost his whole service. My mom cheated on him for 15 of those years and are now getting divorced. According to USFSPA, the spouse can receive up to 50% of his retirement benefits. This act was created to protect the spouse of soldier infidelity, what about when the infidelity is against the soldier? Anybody know if there's a loop hole to this law or know how to fight it?

That is not at all what the law was designed to protect. The law was designed to protect spouses who travel from posting to posting with their spouse and who are never able to develope a career of their own as a result. It has nothing to do with infidelity.

Does it specifically need to state they seek garnishment of his retirement benefits?

My dad turned in a uncontested divorce in Texas and she signed it stating nothing about his retirement benefits.

That may or may not make a difference. Its up to your dad to figure that out legally.

 

[diem90]

Thanks LdiJ.

I realize that what is law specifically states. I guess I am thinking of it in a divorce way where it can be used as a way spouses can be supported because their military spouse cheated on them and left them.

I guess another way to state my question, is it possible to fight USFSPA if evidence can be provided that the spouse was able to develop a career with no significant problem and therefore has no need to collect benefits?

 

[Zigner]

Thanks LdiJ.

I realize that what is law specifically states. I guess I am thinking of it in a divorce way where it can be used as a way spouses can be supported because their military spouse cheated on them and left them.

I guess another way to state my question, is it possible to fight USFSPA if evidence can be provided that the spouse was able to develop a career with no significant problem and therefore has no need to collect benefits?

You can fight nothing in this matter.

 

[LdiJ]

Thanks LdiJ.

I realize that what is law specifically states. I guess I am thinking of it in a divorce way where it can be used as a way spouses can be supported because their military spouse cheated on them and left them.

I guess another way to state my question, is it possible to fight USFSPA if evidence can be provided that the spouse was able to develop a career with no significant problem and therefore has no need to collect benefits?

That is something that would/could be really difficult to prove. Why? Because if your mother was able to develope a strong career, with strong retirement assets, despite your father's military career, then your father would also be equally entitled to 1/2 of HER retirement assets.

 

[diem90]

Interesting

Interesting point. I never thought of things in that perspective.

Thank you.

 

[proud_parent]

I guess another way to state my question, is it possible to fight USFSPA if evidence can be provided that the spouse was able to develop a career with no significant problem and therefore has no need to collect benefits?

Did you read the information that Zigner quoted in post #4?

The USFSPA does not mandate that a servicemember's retirement pay be shared with a spouse in the event of divorce. The USFSPA merely authorizes state courts to treat military retirement as marital property. Whether to do so is at the discretion of the court, based on all the facts of the case.

Even if this were your battle to fight (which it is not), the fight would not be with the USFSPA.