Military Lifetime Alimony
Military Retirement Pay Division is not Alimony
The term Military Lifetime Alimony is beginning to surface on the Internet. There continues to be confusion between spousal support and the requirements for division of property provided by the Uniformed Services Former Spouses Protection Act (USFSPA).
Those who would like to change the USFSPA appear to be describing the statute as military lifetime alimony, which is incorrect.
When Internet articles refer to the division of the military pension as equating to lifetime military alimony payments and then other blogs create spin-off articles repeating this gossipy phrase, the result is numerous postings spreading misinformation like a virus. Spin off articles are often created by websites using article curation software that will copy (or steal) phrases from websites. But even worse, an actual person might read the first “half-truth” posting and made a conscious decision to spread the tale.
Alimony is just alimony. There’s no special military alimony laws for military families. There’s no military alimony requirements. Depending on the state you divorce in, alimony may be:
- denied,
- set for a number of months, or
- awarded for a lifetime.
Federal laws permit states to declare the military retired pay as marital property and in doing so, states may then divide this property, awarding payments to the military spouse. This division lasts for a lifetime, but it is not alimony.
In fact, a military spouse can be awarded both a portion of military retirement pay and alimony in a divorce decree.
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Confusion May Cost You Money
The language of your military divorce decree should keep the references to alimony payments and division of military retiree pay separate so as to avoid any confusion. It can be expensive to return to court for clarification. Alimony falls under the requirements of spousal support, where as payments from a service members’ income falls under laws regulating property or division of assets.
Military Lifetime Alimony is another military divorce myth, similar to misunderstandings behind the DFAS 10 year rule.
Florida, Massachusetts, and New Jersey Discuss Lifetime Alimony
Florida, Massachusetts, and New Jersey have been discussing 2013 changes and/or an end to lifetime alimony, but this should not be confused with the military division of property awarded by the USFSPA.
This website is the one that is providing the myths. It literally IS lifetime support. To say it is not alimony is false. It may not be called alimony or spousal support, but that is exactly what it is. It is retainer pay and only stupidly and ignorantly referred to as a “pension”. The purpose of retainer pay is for the servicemember to be on standby in case there is a contingency or shortfall that would require activation of the “retired” military member. There is nothing a non-servicemember puts into it and he/she is not subject to the UCMJ and does not have to remain a citizen of this country. You can use the default answer “she stayed home with the kids” or “she had to make several moves”. Both answers apply to many families who are not in the service, so where is your argument now? MIlitary members put years of wear and tear on their bodies, have to serve at least 20 years and then are subject to recall, which is why they are being retained and are receiving reduced income for reduced services. It is also why they are taxed as if it were a job (because it is). If this retired/retainer pay is property, then how much can I get for it if I put it up for auction?? The answer is nothing because it has no value. There is no account with money siting in it that is drawing interest and it is not something that can be traded or passed on to another individual, so how can someone say it’s property and how can someone say with all honesty that it is not lifetime support of lifetime alimony?? He/she can’t because that is exactly what it is. Please stop misleading people.
This is not a myth. Whatever you choose to call it, it is still lifetime alimony. Why call retainer pay, property? Be real here. It is not property, it is what we worked for our entire military life and they want to call it property. In the constitution, it states that all laws are to be administered equitably to all citizens. This law does not do that. Each state has their own rules on implementation. Congress should repeal this gross injustice to military personnel. Courts should just be allowed to administer alimony and not division of the service members retainer pay.
Mathematics shows that the 2017 NDAA amendment to USFSPA can raise the monthly payment for either the military member or the ex-spouse. You won’t find this type of analysis anywhere else!