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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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?