Florida Military Divorce: AFSA Chapter Stance on Remarriage
Florida military divorce discussions are taking a look at the issue of support vs property. We addressed this in our Mississippi military divorce discussion. The core foundation of many opinions expressed concerning the division of retired pay are a result of whether one views the division of retired pay as alimony support or a division of property.
On October 19, 2012, Chapter 554 of the Air Force Sergeants Association (AFSA), Eglin AFB, Florida commented on the Uniformed Services Former Spouses Protection Act (USFSPA) in their newsletter.
“One of the chief complaints with USFSPA is that garnishment of military retirement pay does not terminate if the former spouse remarries. It is clearly inequitable for military members and they are the only US citizens who have a separate divorce law which specifically targets them. AFSA’s position on the USFSPA remains unchanged; we support its repeal and continue to address this injustice with members of Congress.” See source
The AFSA position views the military retired pay division as a form of support, similar to alimony.
The USFSPA is used for Division of Property
Property Division Continues – Even After Remarriage
By using the USFSPA Federal law to divide the military retirement pay, states are automatically declaring the division as a property division.
The Federal USFSPA states:
“A court may treat disposable retired pay payable to a member for pay periods beginning after June 25, 1981, either as property solely of the member or as property of the member and his [or her] spouse in accordance with the law of the jurisdiction of such court.”
Federal law does not state: “…may treat … as alimony….”
We can find many states decrees awarding both the division of pay and alimony. This is also the recommendation in Military Divorce Tips (to have separate written declarations in military divorce decrees: one for alimony and one for the division of retirement pay.)
When we view the retirement pay division as property, the proposals and discussions suggesting it should cease upon remarriage lose their credibility.
No other marital asset division ceases upon remarriage.
We don’t say, “You are awarded the house — but only until you remarry, or you are awarded this division of stock — but only until you remarry.”
Perhaps if we increase everyone’s understanding of property vs support, some of the ill feelings and differing opinions would fade away.
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Payments to a former spouse should NOT be terminated regardless of what others think. My ex husband signed an agreement during our divorce that stated that payments should NOT cease regardless of my marital status. He signed that in exchange for my not seeking any survivor benefits – since he wanted those reserved for a future spouse. HE agreed to pay payments to me until one of us dies.
My award is NOT alimony and I do think it is fair to consider it a division of assets. Military spouses move around just like their husbands do. If they are employed in the civilian sect more often than not there isn’t an opportunity to stay on a single career ladder within one company, unlike the military spouse. Military spouses make a lot of concessions and sacrifices not only professionally but also personally and emotionally. I supported my ex husband fully. I kept the home clean, the kids cared for, bills paid, volunteered on all the bases where we lived, worked and went to school (not on his dime either). I did ALL of that because I thought we were building his military career together and that after his retirement we BOTH would reap the benefits. I invested myself in HIS career as much as he did.
KWay –
It’s not “what others think” – ! The 97th Congress BROKE ESTABLISHED LAW when they hurriedly, covertly and sheepishly passed the USFSPA. If they had taken the time to analyize what they were “inventing”, the USFSPA would have never come into existance. Pat Schroeder and her gang of (*&^%$#) took advantage of Ron Reagan ! You might read “McCarty v. McCarty, the US Supreme Court landmark decision that strongly re-iterated the fact that military retired pay IS CURRENT REDUCED PAY AND IS THE SOLE ENTITLEMENT OF THE MILITARY MEMBER AND HAS NO COMMUNITY PROPERTY ASPECTS ! Stop blubbering, go get a job and educate yourself on why your “pity party” is childish NONSENSE ! ! ! ! WAKE UP AND SMELL THE COFFEE ! ! !
No one is blubbering, I do have a job and two degrees. Yet I managed to support an active duty military husband by raising a family, making a home at every duty station, being there for his every need. I excelled at being a military wife even my ex-husband would agree.
I just find it astounding that people like you believe that it is unimportant to look out for the spouses that kept the home fires burning while our husbands and wives galloped the world over. No one is discounting YOUR service. So why are you and others trying so hard to discount ours? It isn’t just the military member that makes sacrifices.
Aren’t there many other non-military “jobs” that require the breadwinner to be long-term and long distance away from home while the spouse “kept the home fires burning” ? Almost all of those career paths have logical legal terminations of post-divorce financial carry-overs. Seemingly none of those non-military homemakers are whining like former military spouses who only because of the USFSPA have been made a special group emotionally and egotistically thinking they are “entitled” to the military member’s retired pay, just because of the USFSPA. Again, the 97th Congress made the greatest error – ever – in the federal legislative history of the US by giving it’s military retirees the “one finger salute” when it covertly passed the USFSPA as it now “moons” the military people in uniform willing to put their lives on the line for the safety and security of the US ! Let me clear up my position – the USFSPA is the very source of the problem; it’s symptoms are the former military spouses who egotistically think that military retired pay is a “pension”, precipitated only by those who assist them in surreptitionly finding financial stability in its provisions. The best thing any current Congress could do is to throw out the current military retirement system and replace it with a member/employer (US Gov’t) contributory PENSION system just like all other civie pension systems. The lifetime alimony of the USFSPA will then cease to exist and so will the USFSPA ! It may be correcting one bad choice with another, but at least “pension” retirements are controlled ! N’est-ce-pas ? !
When the US supreme Court decided military restored pay was not marital property they also decided Congress could change that:-)
My divorve decree states that I am not allowed to accept disability rating as it would affect the amount of disposable pay ex wife would then get and if I do then i must provide the money difference offest if I accepted disability. I retired at 20 years with premanent disability on DD214 and 80% automatically enrolling me in CRDP. Judge ruled last week that this action done on my part means that I am now $60K in arrears and must additionally add $750 a month, on top of alimony ordered to pay, to make up the difference of what she is receiving. Because this happened automatically, her portion of my retirement pay was reduced to $130, not on my action but have now been found in contempt of court for automatic action because of my RE-2 Permanent Disability DD214. I will no go banckrupt from arreages and new monthly payment! I need help badly, no one can provide anything that I didnt initiate anything, therefore menot being on contempt and now in arears etc! I am begging for anyone who can help……email me at magoo1966@comcast.net thanks USN Ret Lee
Federal law does not state: “…may treat … as alimony….”
Federal law D-O-E-S state: “military retired pay is CURRENT INCOME” for only the retiree. Therefore any division of mrp must be ONLY treated as ALIMONY ! Just because a law has been enacted does NOT mean it’s “right” ! Many “laws” have been judged to be “wrong” and taken off the books ! The 97th Congress made a BIG mistake when they covertly passed the USFSPA ! The USFSPA FRAUD will be REPEALED ! ! !
Federal law does say DFAS is required to enforce court ordered alimony and child support awards, in 10 USC 1408(d)(1)
Is your point about MRP can be treated as alimony and child support? I don’t believe that is the issue.
I thought the the main issue is terminating payments to a remarried former spouse. Most state retirement plans and other Federal plans terminate to a remarried former spouse except for the military member because of court interpetations.
First and foremost MRP is not a pension or has any charectoristics of property.There is no fund set aside that accrues nor can it desend to an heir like property does.
Futhermore CIA,FSA,Federal Rairoad,some state employees pension payments terminate if an ex spouse remarries.
So for arguments sake, even if MRP was a property asset, why does it not terminate to a remarried spouse like other Federal or state retirement plans? Dosen’t make sense.