VALOR

What is the USFSPA?

USFSPA is the abbreviated name for the Uniformed Services Former Spouses Protection Act 10 U.S.C. sect 1408. The Act was included as a 'rider' to the 1983 Defense Appropriations Bill and was passed to overrule and effectively invalidate the United States Supreme Court's ruling in McCARTY v. McCARTY, 453 U.S. 210 (1981) that held that military retainer pay was the sole property of the retiree, and was not community property nor subject to division in divorce proceedings.

The USFSPA creates a legal fiction in calling the retainer pay “property” when in fact it is not! In fact, all Military Retainer Pay, including amounts awarded to a former spouse, are taxed by the IRS as income. Additionally, retirees are required to meet a number of conditions to continue to receive the pay; they are subject to recall to active duty and subject to court-martial. Spouses have no such conditions!

Although constitutional challenges to the USFSPA have not been successful, the Supreme Court has upheld the language of the statute on two occasions when state courts have tried to work around the statutory protections.

Most states have or are modifying their divorce protocols, specifically to no longer require lifetime payments to a former spouse. There are only seven states currently that have permanent alimony; most divorce settlement agreements include terms for review and modification as circumstances change or with some other significant event. USFSPA determinations do not!

• End Discrimination
• References

End Discrimination

The 14th Amendment to the Constitution of the United States of America clearly states, that all laws must be dealt with in a uniform manner and that rulings based on our laws, must be uniform and consistent. However, it is very clear, the State Courts of our great nation have not been treating the USFSPA in a uniform or consistent manner. They are ignoring that this law "allows," but does not mandate, the division of retainer pay. There is today, total disparity across the board. Additionally, evidence confirms that members of the American Bar Association blatantly constitute the greatest opposition to any attempt of repeal or any legitimate reform of this 'Federal divorce law' in ways the service member has no means available to counteract.

The USFSPA is an unjust law that is perpetuated by biased lawyers

• The Plan
• References

The Plan to Achieve Equality

Our objective is to bring equality into the personal issue of divorce and for members of the seven uniformed services not to unnecessarily suffer greater than the non-veterans. State alimony laws are fully able to compensate the former spouse appropriately when left to the discretion of an unbiased judge in each individual’s set of circumstances.

VALOR in Divorce wants to bring relief from an unjust and biased law by either aggressively amending the USFSPA to achieve fairness, or by rescinding it altogether. A realistic appraisal of previous efforts and the current situation leads one to conclude that outright repeal of the USFSPA remains politically unfeasable, but efforts to limit the effect of this law can succeed! It is a law that has become outdated in today’s society and is no longer relevant nor warranted. The arguments of the former spouses for support have been fully addressed by the military, and society in general, thereby eliminating any need for a lifetime of support by the retired member.

Therefore, VALOR in Divorce is starting this increased focus on the discrimination and unfairness of the USFSPA to climax in early 2021 as a new Congress takes the helm, with the goal that legislation to resolve the problem will be introduced and implemented. To single out the military veteran with this Federal divorce law gives them a distinctly different status than other members of society. United States Uniformed Service members are the only ones singled out as a class to whom a special, discriminatory set of divorce provisions are applied. This is a social as well as a legal disgrace.

State divorce laws are more than adequate to protect former spouses of military members – NO special federal law is needed.

Failing an outright repeal, we believe that the USFSPA should be modified to:

• Ensure that divisions of military retainer pay shall not exceed amounts or the length of time that could be awarded by state divorce laws – in both amounts and other limitations, such as cohabitation or remarriage.
• Exempt spousal share of the retainer pay from increasing with inflation with yearly COLA.
• Require the services to inform and educate all uniformed service members about the USFSPA before their enlistment or commission and annually thereafter.
• Allow the service person to seek review of their division of retainer pay on a regular basis, and when circumstances have changed for either party.

In no way does VALOR in Divorce advocate the exemption of retainer pay from child support. All Military pay is intended to support retirees, to include child support obligations.

VALOR in Divorce has no objection to federal law that provides access to health care, shopping facilities, and recreation facilities in recognition of their contributions to the uniformed services.

• What You Can Do
• Personal Stories