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US Armed Forces - YOUR FUTURE MILITARY RETAINER/RETIREMENT PAY IS AT RISK |
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The Uniformed Services Former Spouses' Protection Act
Discriminates Against the Military Veteran
View the latest statistics obtained from DFAS through the Freedom of Information Act of uniformed veterans with income taken directly from their retainer pay. Divorce Statistics (PDF) This does NOT include an equal or greater number who are paying directly to a former spouse. The number and amount of monthly garnishments by state reveals that DFAS distributes 77 million dollars monthly, almost one billion dollars per year to former spouses from retired veterans retainer pay. Garnishments by State (PDF)
NEW - Amicus Curiae Brief filed in Arizona by the ULSG, LLC in support of Mark Beres. Statement of the Case (PDF)
An article in the May/June 2009 issue of the Uniformed Services Journal endorses changes that the DoD and the ULSG are proposing that would make the divorce process more fair for both parties. NAUS Article (PDF)
Read comments from retired veterans affected by the USFSPA. Military spouses are briefed by the American Bar Association about the USFSPA but the Military Services do not brief their active duty service members. ULSG Google Groups Site
Did You Know...
MILITARY PAY THAT IS EARNED IN A RETIRED/RESERVE STATUS IS NOT A PENSION? Click to read Pay Myths.
In fact, according to the February 2009 DoD Financial Management Regulation Volume 7B, Chapter 29 paragraph 290613: "Awards of a Percentage of the Retired Pay Accrued by the Member During the Marriage: The designated agent cannot honor awards based on the value of what has accrued because military retired pay does not accrue over time. Military retired pay is not a pension. Rather, it is a statutory entitlement computed at the time the member retires and it is based on the member's rank and total years of service at the time of retirment."
Have you signed the USFSPA petition to congress? Sign it today >>
Keep our issue in front of your US Senators and your US Representative by writing for repeal of the USFSPA and why. View sample letter formats here.>>
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Last Updated ( Sunday, 17 January 2010 )
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Is America Betraying Its Military Retirees? |
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By MSgt Ronald King, US Army (Ret)
On 26 June 1981, the United States Supreme Court rendered a decision in the McCarty case that stated, “The military retirement system confers no entitlement to retired pay upon the retired member's spouse, and does not embody even a limited community property concept and that the language, structure, and history of the statute makes it clear that retired pay is to continue to be the personal entitlement of the retiree.”
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Last Updated ( Tuesday, 19 August 2008 )
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The USFSPA Liberation Support Group supports the rights of all service members active-duty/retired/ Guard & Reserve military members, Commissioned Corps of the US Public Health Service and Commissioned Corps of the National Oceanic and Atmospheric Administration (NOAA) in challenging the Uniformed Services Former Spouses’ Protection Act (“USFSPA”), Pub. L. No. 97-252, 96 Stat. 730 (1982), currently codified as amended at 10 U.S.C. § 1408. This law, hastily passed by our Congress without forethought and little discussion, invalidated the United States Supreme Court's 1981 majority 6-3 ruling (McCARTY v. McCARTY , 453 U.S. 210 1981) that asserted military retirement/retainer pay is not subject to division as common property in state divorce proceedings.
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Last Updated ( Friday, 15 August 2008 )
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