Divorce in the Military

Here are the chapter subject headings and short content descriptions for each chapter. The book is a treasure trove of information concerning legal and financial issues faced by military personnel who are facing divorce or are involved in the military divorce process.

Chapter 1 – What You Don’t Know Can Hurt You

True cases
Unfair but legal
Treatment of retired pay – the result of two major legal actions
States had been dividing retired pay in divorces
Problems not foreseen

Chapter 2 – What USFSPA is and What it is Not

What does the USFSPA do
Who USFSPA applies to
Where USFSPA applies – locations
USFSPA characteristics
No-fault feature
Micsonceptions about USFSPA
Problems and pitfalls

Chapter 3 – Where Were You in ’82? (Things the Recruiter Didn’t Tell You)

Historical look at community property
Landmark McCarty decision – precursor to the USFSPA
Supreme Court “invites” congressional action
Mass confusion in state appellate courts
How the law was passed
Post-USFSPA enactment problems not envisioned

Chapter 4 – Controversy Aplenty

Background
Controversies: #1 – Definition of retired pay and its treatment by the courts
Controversies: #2 – Retroactivity (still causing problems)
Controversies: #3 – Treatment disparate from other federal programs
Controversies: #4 – The spouse is always treated as the “innocent” party
Controversies: #5 – Award of retired pay based on rank at retirement, not at time of divorce
Controversies: #6 – Circumvention of the USFSPA’s protection of disability pay
Controversies: #7 – Restrictions associated with receiving retired pay apply to the retiree but not the spouse
Controversies: #8 – Impact of civil service employment on USFSPA award
Controversies: #9 – USFSPA payments survive remarriage of the ex-spouse
Controversies: #10 – Separation bonuses
Controversies: #11 – No statute of limitations
Controversies: #12 – Early retirement

Chapter 5 – Is it Income or Is it Property?

Truth and consequences
The legal morass
Legal and other precedents
The bottom line

Chapter 6 – Women in Uniform

Female military must get in line behind the nonmilitary wife
DACOWITS
Times have changed
Career discrimination

Chapter 7 – The Reserves and the Guard

Reservists are not always compensated with money
Does the “plight” apply to spouses of reservists
Reserve retirement system
Creditable Service
Active duty for retirement eligibility purposes
Computation of Reserve retired pay
Reservists and the USFSPA
Reservists have fewer benefits than ex-spouses
Bottom line for reservists – you are subject to the USFSPA, however

Chapter 8 – All Divorces Are Not Alike: What You Need to Consider

“Military” divorce vs. “civilian” divorce
Issues unique to a military divorce
Military benefits an important consideration
20/20/20 and 20/20/15 spouses
Abused Military Dependents Act
Dependent support
SBP – Don’t ignore the pre-retirement notification requirements
Social Security
Jurisdiction
Timing can work to both the military member’s and spouse’s advantage
Do’s and don’t’s
Compliance with the law is in your best interests

Chapter 9 – Federal Benefits: Here Today and May be Gone Tomorrow

Allowances
Bonuses
Child care
Civil Service employment
Combat-zone and other operations exclusion benefits
Commissary benefits
COLA
Dental benefits
Dual compensation and pay
Early or forced retirement
Educational benefits
Employment benefits
Exchange shopping privileges
Federal tax advantages
Financial resources – retirement funds
Hardship duty pay
Hazardous duty and hostile fire pay
Health benefits
Homeowner assistance
Incentive and special pay
Leave
Life insurance
PCS relocation reimbursements
Promotions
Retired pay
Separation pay and bonuses
Social Security benefits for divorced spouses
Space-available travel
Temporary disability retirement list
Temporary duty
Transition benefits
Bottom line

Chapter 10 – Financial Management Before and After Your Divorce

Alimony
Allowances
Automobile insurance
Bank and other financial accounts
Bonuses
Children
Credit cards
Education
Employment with the federal government
Health insurance
House
Legal fees
Life insurance
Moving expenses
Property transfers
Retired pay – conditions under which you could lose it
Separation date – marital
Separation date – military
Separation pay and SSB/VSI bonuses
Reserve and Guard
Social Security
Spouse preference
Support payments
Tax considerations
Wills
Post-divorce financial managment
In summary

Chapter 11 – Survivor Benefit Plan

Coverages
Premiums
Remarriage – its effects on the SBP
Offsets
COLA adjustments
Tax treatment

Chapter 12 – 51 Flavors and Counting

State-by-state analysis on divisibility of military retired pay

Chapter 13 – The Divorce Process

What you need to know if you plan to divorce
General filing and residence requirements
Service – having divorce papers served
Grounds for divorce
Spousal support
Child support
Property division
Appeal rights
Your base legal office
The other part of the divorce process

Chapter 14 – Selecting an Attorney

The most critical step in your divorce
You are still responsible
Don’t go to a lawyer who does not specialize in domestic relations law
Interviewing attorneys
Preparation – what you need to take to the attorney’s office
Basic information
Personal and real property
Financial status
Summary of military service
Preparation is necessary
A word about attorney fees and other divorce costs
Using Appendix M – Checklist for interviewing an attorney
A final word on you and your attorney

Chapter 15 – Strategies

Legal and moral obligations in a divorce
Considerations and approaches
Suggested strategies:
- 1. Get an educated attorney
- 2. The USFSPA is a permissive law
- 3. Know the law regarding court rulings on retired pay while on active duty
- 4. Do not forget the denominator
- 5. Know the law regarding disability pay – USFSPA does not award it
- 6. Consider income tax implications
- 7. If you were divorced on or prior to 25 June 1981
- 8. Avoid windfall benefits
- 9. Consider a separation agreement.
- 10. Don’t forget SBP, life insurance, and other survivor benefits
- 11. Keep yourself informed
- 12. Get organized and know when to cut your losses
One final note about records
Summary

Chapter 16 – Legislative Environment: Reluctance and Obfuscation

Visible legislation
1990 hearings
Retroactivity finally laid to rest
Disposable pay redefined
Stealth legislation
Ex-spouse gets first call on SBP
Protection for abused military dependents and former spouses
Prevention of circumvention of court order by waiver of (military) retired pay to enhance Civil Service retirement annuity
Former spouse access to disability pay
Political flak vest
Fairness amendments
On the legislative horizon

Chapter 17 – About the ARA

What and where
If you need information
The ARA’s platform
ARA’s proposals for reform of the USFSPA
Afterthought

Chapter 18 – Restoring Fairness and Equality to the Military Divorce Process

Why no further equity changes to the USFSPA?
Civics 101 – Congress does not have to be consistently fair
Read it in your military newpaper first!
NIMBY syndrome
Ignorance or apathy?
The military member is not the lone ranger
What you can do

Chapter 19 – Bits and Pieces

When the service member might lose retired pay
Keeping your military status current
Disbursement of retired pay
Pension funds to which you may be entitled
Soldiers’ and Sailor’s Civil Relief Act
Don’t stir the pot
One final thought or two

Appendix A – USFSPA, Public Law 97-252
Appendix B – McCarty v. McCarty
Appendix C – Mansell Decision
Appendix D – Barker v. Kansas
Appendix E – Unjust Taking Case
Appendix F – Treatment of Military Retired Pay
Appendix G – Public Laws Affecting Military Divorce
Appendix H – H.R. 2200, Uniformed Services Former Spouses’ Protection Act Fairness Amendments
Appendix I – H.R. 2537, Uniformed Services Former Spouses’ Protection Equity Act of 1997
Appendix J – Survivor Benefit Plan (SBP) Summary of Changes
Appendix K – Military/Veterans Organizations
Appendix L – Contacting Your Elected Representative
Appendix M – Checklist for Interviewing an Attorney
Appendix N – Preparing for Your Attorney: What You Both Need to Know
Appendix O – Family Law Quarterly State Divorce/Support Criteria
Appendix P – Resources
What you need to know about military divorce, how to select an attorney, and the federal law that awards up to 50% of military retirement pay to a divorced ex-spouse for life … regardless of fault, merit, or need. Up to the minute information on legislative changes, divorce laws in the 50 states, how the USFSPA is applied in the 50 states, treatment of the Survivor’s Benefit Plan in a divorce action and much, much more!

Of all the factors involved in divorce settlements, none exerts a great influence than the Uniformed Services Former Spouses’ Protection Act (USFSPA). It authorizes state courts to award up to 50 percent of a uniformed servicemember’s retired pay to an ex-spouse for life, and does not preclude the contemporaneous award of other support from retired pay.

You absolutely cannot afford to hire an attorney who knows less about this law than you do.

Whether single, divorced or contemplating divorce, you need to know about the 20 factors that affect military divorces and how the divorce process and retired pay are influenced by the USFSPA.

If you are a lawyer who represents uniformed personnel or are a military attorney, this book will provide information you need to better represent or advise clients in this specialized area of domestic relations law. You must be informed about the 23 changes to the USFSPA which have been made since its enactment in 1982.

Learn about the 12 controversies cited in divorce case appeals, which have created problems through as many interpretations as there are courts.

The USFSPA applies to active duty, reserve/guard, and retired military; the US Coast Guard; and members of the USPHS and the NOAA.

Chapter 1 – What You Don’t Know Can Hurt You

True cases
Unfair but legal
Treatment of retired pay – the result of two major legal actions
States had been dividing retired pay in divorces
Problems not foreseen