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