|
The Uniformed Services Former Spouses' Protection Act (USFSPA), 10 U.S.C. sect 1408, et seq. included as a "rider" to the 1983 Defense Appropriations Bill, often called the USFSPA, effectively invalidates the United States Supreme Court's ruling McCARTY v. McCARTY, 453 U.S. 210 (1981) that military retirement/retainer is not subject to division in divorce proceedings.
If you are on Active Duty/ Guard or Reserve Member, member of the Commissioned Corps of the US Public Health Service or Commissioned Corps of the National Oceanic and Atmospheric Administration (NOAA), or Retired Veteran in the Armed Forces of the United States or one of the above agencies and have been party to a divorce action, your military retirement pay is subject to this law and therefore, subject to be treated as common property, divisible in divorce actions. Often veterans find themselves court ordered to provide former spouses up to 50% of his/her rightfully earned retainer/retirement pay. We have learned of many veterans who are receiving disability compensation through the Veteran’s Administration are also being court ordered to forfeit portions of their disability pay in support of a former spouse. Adding salt to the wound, there are no time limits on these court ordered payments… most are for life, even if a former spouse remarries.
This is just not right! The ULSG, LLC is taking action to cause repeal of this unjust law!
|
|
Last Updated ( Friday, 15 August 2008 )
|