Who Represents the Military Spouse?
Former Military Spouse Today aims to inform readers on the Uniformed Services Former Spouses’ Protection Act (USFSPA), as well as exchange opinions and proposals about USFSPA modifications initiated across the country. My question is, “Who represents the military spouse today?”
In 1982 Congress passed the USFSPA allowing state courts to treat military disposable retired pay as divisible property in a divorce. Many service members often credit (or blame) Former U.S. Rep. Patricia Schroeder of Colorado, for her key role in the passing of the USFSPA, but Senator Roger Jepsen, Chairman of the Subcommittee on Manpower and Personnel, is also identified as having introduced the bill.
- Some USFSPA proposals recommend retroactive changes affecting former military spouses.
- Current military spouses who believe this is a non-issue (since they are happily married), should realize every former military spouse once held that same mindset.
The book,Military Divorce Tips, educates military spouses and service members about the intricacies of a military divorce. This information helps them achieve more equitable decrees and avoid excessive legal fees. With this fundamental understanding of military divorce issues, both sides are able to express knowledgeable viewpoints to representatives or in online divorce forums discussing initiatives to change the USFSPA.
Modifications to the USFSPA are constantly being proposed throughout the country. Extensive internet posts on military divorce forums, many from service members, call for a change. They express their horror stories and hopes concerning recent initiatives to revise the act.
Rarely does one read a post from a former military spouse. This one-sidedness gives the impression that the passing of the USFSPA was a “great injustice” towards service members. But, who is standing up for the rights and well-being of both current and former military spouses? Perhaps these military spouses are not speaking up because either they have little knowledge of the USFSPA or they are unaware of the proposed modifications.
Run a Google search for “service member organizations” or “enlisted/officer organizations,” and an overwhelming number of resources pops up. Next search for “former military spouse organization” or “former military spouse support” and you’ll find only a few quality organizations, such as Cinc House (Commanders in Chief of the House), Spouse Buzz, or the National Military Family Association. 
However, none of these establishments presently notify military spouses that a USFSPA change has been proposed in “such-and-such” state and, “You had better speak up now, before it gets passed.”
More likely, search results concerning former spouses will show venting discussions of “opportunistic greedy spouses” and “lawyers out for military money”.
If military spouses do hear rumblings of initiatives to change the USFSPA, how can they network with each other to express a united opinion? Who will provide advice, such as spending the time to send individual emails to each state representative, rather than carbon copies? Carbon copies go directly to the “trash” folder, never to be seen.
Like most laws, the USFSPA has some weaknesses, but when changes are recommended – in all fairness – both sides have a right to be heard.
With a venue to conversations about recent USFSPA initiatives, military spouses will have a means to be notified of changes and thus, an opportunity to contact representatives in a timely manner.
Please help keep this blog up to date by notifying us of any suggested USFSPA changes occurring in your state. Your comments, links, and suggestions for discussion are most appreciated.
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Question: Many former spouses have expressed justification of their entitlement to military retirement pay (mrp) under the Uniform Service Former Spouse Protection Act (USFSPA) by indicating that they too have served our country just as their military spouses have served – enduring constant relocation, taking on the role of single parent while the member is deployed, etc.
As such, if former spouses feel they have served just as their military member spouses have served, are former spouses willing to be held to the same restrictions and eligibility provisions within the USFSPA as military members? Such restrictions as, the inability to live and work overseas for longer than six months without losing mrp, or disqualification of eligibility for entitlement to mrp should you (the former spouse) be found guilty of domestic violence or convicted of a felony, as well as allowing your mrp entitlement to be garnished for child support payments owed by you to the military member? Seems to me if former spouses want to claim they have equally served this nation just as their military member spouses have, then former spouses should have no problem being subject to the same mrp eligibility requirements and provisions that military members are held to under USFSPA, no?
I’ve asked this question in another forum & have yet to receive an answer from any former spouses.
Former spouses are represented by the American Bar Association lobby & our nation’s Congress who refuse to consider any type of much needed major overhaul of this outdated & unconstitutional Act. The voice of the former spouse is heard by the lack of change to the Act. It’s the voice of the military member that is not being heard. When a former spouse who admits to killing the children she had with her military member (who subsequently divorces said wife) is allowed to & receives half of her member spouse’s retirement pay for the rest of her life in prison yet, if a member is convicted of a felony, they lose their retirement – that is a major problem & injustice.
Hello, I’m in need of representation. I’m trying to seek sole custody as the military parent hasn’t been in our children’s lives for three years. Does anybody know of a good lawyer? The divorce was done in Florida however it is an International marriage the children and I moved back to my home country.
[ COMMENT HAS BEEN EDITED BY MODERATOR at REQUEST OF ORIGINAL AUTHOR]
Hi,
1st try: https://www.myfloridalaw.com/divorce/military-divorce-laws-in-florida/
Site has lots of info & besides ads for attorneys, there is a way to search for attorneys near you that know military law, e.g. what the military member is legally bound to do or not do.
Also check out:
https://www.myfloridalaw.com/immigration-laws/connection-between-immigration-divorce-child-custody-spousal-abuse/
It’s the same website, but it has info on immigration & child custody.
God bless you,
Debbie
I just have a question. My ex-spouse left active duty Army in 1983. He has been National Guard and presently in the Army Reserves. How will the Army know about me. I never remarried. I am wondering if I have to file anything prior to his retirement. He has been in for 35 yrs or more…Any suggestions?
This is not a simple question to answer, even with the facts that you provide, but here’s some ideas of how your might start: 1. You might begin with checking your divorce decree, reviewing it with your lawyer, and finding out what actions may have been taken on your behalf. 2. There is also the book, Military Divorce Tips on Amazon.com. 3. If your lawyer who helped with your decree is unavailable (or you are unsatisfied with the answer you receive), try to find a local lawyer who specializes in military divorce and does not charge for an initial consultation. 4. Call DFAS and ask if they have anything on file for you.
My court ordered part of his retirement pay was discontinued after he started to receive disability pay. I failed to understand why. We married 18an half years.
Here’s a search result for “Indemnification” articles on this site. They may help you understand the ruling in your military divorce decree case. http://www.formermilitaryspouse.com/?s=indemnification
I think it is time that Former Military Spouses band together and fight back for our rightful benefits!
I am a former military spouse. I was married to my ex husband for almost 21 years. 16.5 of those were while he was active duty Navy. He served a total of 20 years honorably.
As a result of the military pension laws I did not meet the 20/20/20 requirement to receive base privileges, lifetime Tricare coverage or 50% of his retirement pay.
Instead I received no base privileges, one year of Tricare coverage and 40% of his retirement pay.
I was divorced in Georgia in 2010. The court order stated that I would receive 40% of his retirement pay for life regardless of my marital status.
Since late 2011 I have been receiving my rightful portion of his military retirement directly from DFAS. This mount is far more than the portion that he was paying me monthly prior to dfas distribution because he had calculated the 40% to be less than allowable by law.
I remarried in July 2013. My husband is now threatening to report to DFAS my remarriage. By federal law, I’m told that retirement pay distribution ceases after remarriage of the former spouse despite the fact that his military pay was divided as property in our divorce.
I was the driving force of this mans career for 16.5 of his 20 year career. When he could not get promoted from E-4to E-5, I helped him navigate the complicated path to promotion by sending him to extra training courses, studying with him and enlisting the aid of higher ranking officials to ensure that the promotion process was fair and equitable. Within four months my ex was promoted.
When we continued to have difficulty making ends meet I worked a daily paper route and attended college full time in order to obtain a degree where I could help elevate our standard of living. I managed to obtain two degrees while fully supporting my husband’s military career, raising our two children, managing a household during his deplorable years and working part time.
I was not the perfect spouse but I was a great military spouse and did nothing but support this man during his career. I was unable to build a retirement nest egg of my own because of our frequent moves and because he insisted at different times that I cash out the small portions of retirement that I had built up.
When he left I had NO assets beyond a house that I owed more on than it was worth and was forced into bankruptcy. I am slowly building back up but the very threat of losing almost $700 a month is discouraging especially since both of our grown children will reside with me starting in June.
As a former military spouse, I think our rights to that retirement should not cease upon remarriage. I worked as hard as my ex did in his obtaining a successful military career. I deserve what I am receiving and this federal law should be modified or repealed.
I’m sorry this is happening to you. He may be mistaken. Per DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 29 “Unless the court order specifies otherwise, retired pay award payments will not stop upon the designated agent’s receipt of notice of the former spouse’s remarriage.” See Source The first step would be to review the language of your divorce decree.
This post on retirement pay division as property may also be helpful to you.
Seeing how your husband was the “bread winner” in your household while you earned 2 degrees should he not be entitled to the income you receive from them? Same principle.
You have two degrees that, according to you, you pursued in order to elevate your standard of living. Are you unable to put those two degrees to use now to maintain your standard of living? + Upon your remarriage, you will now have a second income. Is your second husband’s income not enough? Or do you just want the money because you can? Your adult children moving in with you should be required to pay rent, or at least contribute financially to the overall household expenses. Why? Because that’s how it works in the real world. If you wanna give them a free ride, that’s your choice. Your ex shouldn’t have to pay for your decision to enable your adult children. You also chose to allow your ex to force you to spend your retirement savings. Again, your choice. Not saying I wouldn’t have done the same but, I’m guessing there wasn’t a gun to your head when you made the decision. And for the sake of argument, let’s say you never have him those retirement funds of yours & was able to build up a solid nest egg, would you have been be willing to give him half of those funds upon your divorce? Wouldn’t he have been entitled to half just as you are entitled to his retirement?
Sorry the type auto check sucks
GreAt to hear I am former spouse and served in contract training arms forces and park athlete former was screwed on my service cause crazy ex n support from other soldiers et,,,, no dd214. Hell WS jailed falsely mesric crap while was in domestic violence program cause h mos is gun related Nazi mine was health. They even put me n the street my family hates me he gets my time illegally even though jag
GZv I to me but he owes all TBI money and I m disabled by I Zm nobody I grew up gv brat he has north compared to my family service . It is reiculous even spouse serve he was a spouse. Soldiers wihou guns hoowah. We need better enfrcemn and make sure. Us who have fallen in these situation are compensated and them demoted
New 2013 USFSPA changes proposed in Pennsylvania, and are you surprised – no former military spouse on the discussion Panels.
this has been going on for quite some time so it just go to show as former spouses we don’t matter from the military,congress,dod to the white house.we are just the former spouse not the one who stood by the service member. we kept things running smooth so the member could go and defend their country without having to worry about home.we supported the service member so all who feel that us former spouses don’t derserve what the service member earned think again we served to the 6mos deployments,,kids sick ,car repairs,allomentcheck didn’t come,they didn’t have direct deposit back then, a parent dye oh yes we former spouses had to handle all of this and did it with no compliants.
Thank you for posting. I think there are many military spouses who feel as you do and will appreciate your thoughts.
I am an ex of an retired and now deceased navy, when he passed away there was no money for a service and our daughter was taking care of him, so I begin searching for resources to help. I could have gotten help but since I didn’t have an dependent ID card, the red cross could not help me, but I was informed that I was entitled to one. This all happen 12/2/12. So, I was told to fill out and have notarized a former spouse statement, my marriage certificate, my divorce certificate, only to be informed I did qualify for an ID because I was married for 23yrs. He was already retired when we divorced. He had 15yrs of creditable service and we were married. On 02/16/13, I sent letters and copies of all documents to secretary of defense, chief of naval operations, and Ms Obama, but a former co-worker told me not to waste my time cause they don’t care. So I guess its true. We are former spouses, as I have many replies on former spouses which were bad. I was a faithful spouse. I know there are a lot of us who were faithful. Just because a few bad apples in the basket, does not mean the whole bunch is bad.
Family members can appeal to the Board of Corrections for a correction of records. This is discussed in the book [easyazon-link asin="0981473725" locale="us"]Military Divorce Tips[/easyazon-link]. The appeal usually has to be done within three years of error discovery, but exceptions also apply. But, it looks like your overlap of service and marriage is 15 yrs, and military spouses need twenty (20 yrs) overlap to keep their ID card after divorce. This may be the explanation of your situation.
i am an ex of a army man and have been fighting for at least 3 years now. have paid a lawyer and nothing. why is this so hard to do? if it states in my divorce decree that i am entitled to this, then i should. and if anyone can help please i welcome any help.
Military divorce is a complicated process. Your lawyer should assist you. If you are not satisfied with your current lawyer, you might consider hiring new representation or at least visit another lawyer to obtain a second opinion.
I was married for 10 yrs and 5 month; divorcing in Ohio both of our home state at that time in 1975. At that time; pension was not addressed; especially in our small court. My ex never remarried and he went on to retire civil service as a GS-12. It was an abusive marriage and he constantly threatened my life. In 2009 working for the AF I found out I may qualify for part of his pension. I called AF Legal and they told me I qualified; I would have to go back to the State of Ohio and have the divorce decree amended. I asked my ex to see if he had mellowed; he told me I would not live to draw my first check if I went after his military pay. That old fear came back and I dropped it. I am single – will be 67 soon and I feel I have allowed his bully ways to stop me for too many years. I never took him back to court to raise the child support out of fear. Can this be achieved? Also, we both live in different states now. Can he fight an appeal coming out of a former state he once was a residence? Thank you………..
Cheryl – Best advice – go see a lawyer. But, realize that ANY lawyer will tell you “Yes, YOU can get what YOU want”,- because THEY will get what the lawyer wants – your $$$$$ ! You’ve made it this far without your ex’s “donation” – let it go – if either of you go first, it’s a moot point – military retired pay – NOTE: it is NOT a “pension” ! – is not inherenable to either the retiree’s heir’s or the former spouse’s heirs so press on and enjoy the rest of your life !
Thank you for your response. The reason now, is my health is not as good as what I wished it was. The frightening thing for me; I am uncertain how much longer I can work and because of that I felt this little extra (if possible) would help me a lot if I have to retire.
You are probably eligible for Social Security Retirement – go to the SSA website and find out what your monthly benefit would be. If your financial situation can bear the income reduction, your health will be able to enjoy the work vacation !
You stated the answer in your post: “I called AF Legal and they told me I qualified; I would have to go back to the State of Ohio and have the divorce decree amended.”
You could consult with a lawyer(s) specializing in military divorce in Ohio, discuss your options and expected outcome (they can estimate a figure), and then decide if pursuing this is worth the time and emotional stress it may cause.
I have a tele-com today at 4:00 with an attorney in Columbus who specializes in military law. I have all these years while raising our children until now been independent from him. I was not surprised; but, I was when he told me what he would do to me if I went after his $ in 2009. I realized he would never change; but, guess I hoped!! My health is a major concern for me and I am getting SS and working; which, I can make it good. However, if my health forces me to retire I would be losing a lot of income and that is what worries me because I never want to be a burden on my children and their lives and families. Thank you, I will let you know what my decision will be after talking to the attorney………….
Cheryl –
Realize that the USFSPA law prevents DFAS from paying “back pay”; however that may not stop the local divorce court from awarding it as a separate direct payment award from your ex hubby. BOGUS awards like this have made retirees bankrupt, homeless, suicidal and even fleeing to foreign countries. For your ex-husbands peace of mind, let it go, you have already stated that you’ve survived so far, besides you have Medicare !
Please only post comments related to the topic of a page. The subject matter of this page is when USFSPA discussions are held, who will represent the military spouse? (future off-topic comments will be deleted and/or invited to be re-posted to appropriate pages) See the comment policy: http://www.formermilitaryspouse.com/comment-policy/
The issue of grevious bodily harm is crucially very gemane to the USFSPA, both to those that earned their MILITARY RETIRED PAY and to those who felloniously and fraudulently claim it to be theirs as well, for vitriolic emotional good feelings ! Most former military spouses are “represented” by self-serving con artists seeking to unethically pad their 401(k) accounts at the expense of a military member’s SOLELY earned MILITARY RETIED PAY – Read the “McCarty” decision – 26 June 1981. Look that up in your “Funky Wagnalls” !
Would some one please explain how standing in the Commissary/Exchange check-out line is equally or more dangerous than walking patrol for IED’s ? I guess the squalling brats in the near-by shopping carts throwing their well-aimed “ba-ba” is cause for flak jackets and assault weapons for “deadly force” protection, especially against those fully loaded 4-hour old diapers ! ! !
Yes, this was a typo. It was 2004. But the issue remains the same. I am speaking of military retired pay that is waived for CRSC and CRDP. It still is paid by DFAS in addition to VA money.
I agree with the article. When you are a spouse, you never think that your Mrs. will turn into former. I am short 40 days for 20-20-20. My ex picked his retirement date which threw me out of keeping my benefits. Is this fair to me? It’s great for the new wife however. She gets everything I spent countless hours and 24 years for. I hope 20-20-17 us passed, it would give many former spouses a fair shake. Medical benefits should be given to any woman that has done at least 15 years.
I’m so glad several readers are bringing up the medical issue (loss of full military health care) in a divorce. Another reader shared this link concerning former spouse representation and changes for the 20/20/15 former military spouse rule: http://www.change.org/petitions/congress-modify-the-uniformed-service-former-spouse-protection-act-usfspa
Do you have a url for discussions on a 20/20/17 proposal or was it a typo and you meant 20/20/15?
ps. If you click ‘like’ on our FB page, you can also participate and receive updates there: http://www.facebook.com/MilitaryDivorce
Done what? You didn’t serve – your retiree spouse served. You former spouses are the most pitiful group of women I have ever encountered. Why not stand on your own two feet instead of on the back of your former military husband. Geez, get a life of your own.
Let’s be careful when talking in ‘absolutes’ or making general comments. There are former military spouses who have worn the uniform and in some cases, they left the service (sacrificing their own military retirement) to support the service member.
R. Harris –
Lady – You “earned” NO “benefits”- ! ! ! Your ex earned them and ALLOWED to the gov’t to extend them to you as his legally married spouse. Go read the LAW ! ! !
I was married for over 20 and qualified for 20/20/20. But my ex retired and we both ssumed that I would automatically get 50% of retirement. Been divorced 6 years ago. Was there a court order required. Can someone help me.
Hi Cindy,
Yes – you must apply for payments, which means even if your decree awards a division of pay, you must still send paperwork to DFAS to apply. The 2009 regulations state that former military spouses can “apply for payment anytime after the court has issued a court order enforceable under the USFSPA.”
The language of an award can vary, so I suggest you contact a lawyer specializing in representing the military spouse. If you are unfamiliar with military divorce law, I recommend you read my book, Military Divorce Tips found on Amazon.com, prior to meeting with attorneys. This way you don’t spend attorney fees (hours) on learning the basics.
If you hear of new changes or information that will benefit other miltary spouses, please let us know.
I received bad, bad, bad legal advice from three lawyers. This left me with nothing. Was eighteen days short of 20,20,20, so I lost all military benefits. Ex left state we had lived in for fifteen years, owned property which I had to sell to meet his federal tax obligations. I asked the recommended by EXPOSE about cross filing in the state where we were both legal residents. Was told that my filing would not be taken seriously. Unfortunately for me I listened to her. I would have been better represented if I had filed papers myself in my state. My ex initially filed for divorce stating irreconcilable differences but did not meet the two year residency requirement. He then filed charging mental cruelty stating that he had sought counseling for a number of years when in-fact he used the counseling sessions that I sought. We were married for thirty-one years, yet he testified that we were married in 1985. He never disclosed that he was receiving a military pension (retainer pay) and other fraudulent claims to numerous to mention. There are lawyers who help with other legal issues, but not when you are victimized in a fraudulent divorce. My divorce was a legal rape. You get the justice you can afford in this country and I obviously cannot afford any.
Hazel,
Thank you for taking time to share your story.
It’s always a good idea to ask for photo copies of any rules or regulations being discussed. Legal actions surrounding jurisdiction can be very complicated and can leave either side ‘stuck’ in a poor situation.
Hopefully your thoughts will encourage military spouses and service members to obtain advice from multiple sources. Here’s a 2011 article that touches on the area of jurisdiction in a military divorce: Military Divorce-Related Challenges
Former spouses have been facing the issue of loosing their court ordered portion of military retirement due to the servicemember waiving benefits for VA disability. In 1994 a new law was passed that allowed service members to get full retirement benefits in addition to VA disability. The two benefits are CRDP and CRSC. CRDP is service related disability and is still divisable. CRSC is combat related disabilty and is not divisable. Therefore former spouse who’s ex spouse is reciving the crsc is left out in the cold, but the ones with the crdp still gets their portions. The servicemember gets the full retirement amount in additon to the full 100 percent VA disability. This issue needs to be readdressed with congress. The money is still paid be the Department of Denfense, only from a different account. Some states are ordering the service memer to directly pay the former spouse for the money they Former Spouse Protection Act to ammend it to match the new laws for military retirment pay?
Thank you for bringing these benefits to readers attention so they can learn more about them.
To correct a “typo” (?) error –
The CRDP and CRSC laws were passed in 2004, NOT 1994 ! Misstatements like this are what leads the uneducated and undereducated into making emotional statements based on “what the law should be” instead of what the law IS !
Do full research to discuss facts not what “thought to be” !
Again for the ten-thousandth time – Military retired pay is NOT – NOT – NOT a pension, regardless of what certain “experts” claim it to be ! Military retired PAY is CURRENT INCOME – and the IRS taxes it as such !
Thank you for posting the correction on the year.
I encourage readers to continue to share their information. If one person thought this, maybe 100 others did as well, and now we have helped everybody learn more.
One must realize from the get-go that military retired PAY isn’t a “pension” as some family law lawyers would have the general public, the un-educated and the under-educated to believe their smoke and mirrors. Military retired PAY is reduced current PAY for reduced current service. When military retired PAY was created in 1948, it was and still is meant to retain an experienced force on contractual stand-by in case of a large national emergency. When one fully researches the legislative background and current requirements for continuing to receive military retired PAY, all and every emotional claim that military retired PAY is a “pension” falls completely apart with not an iota of substance ! Furthermore, the legal requirements applying to military retirees do NOT apply to former spouses. “Believe it or not ! “
Thank you for taking time to comment. Readers should learn more about the term military pension.