Download or read book The Effects of the Uniformed Services Former Spouses Protection Act on Military Retirement Benefits written by and published by . This book was released on 2001 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Uniformed Services Former Spouses' Protection Act (USFSPA) allows state courts to treat military retirement pay as property for possible division in matters of divorce. The problem is that several military and veterans' organizations believe this law to be discriminatory towards military members and seek legislative reform. Thus, the central research question is: Should Congress amend the Title 10, U.S. Code, Section 1408, USFSPA, to ensure just compensation for both military members and military spouses in court-ordered divorce settlements? This thesis examines the divorce laws affecting the military retirement system in comparison to the laws affecting all other federal retirement systems, the real-world applications of the USFSPA by state courts in all 50 states and the District of Columbia, and perceived inequities of the act

Download or read book Military Benefits for Former Spouses written by Congressional Research Service and published by Independently Published. This book was released on 2019-01-03 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1981, the Supreme Court ruled that the former spouse of a military member or retiree could not be awarded any share of that member's/retiree's retired pay as a part of a divorce property settlement in a community property state. In response, Congress enacted the Uniformed Services Former Spouses' Protection Act (USFSPA) in 1982. Under the USFSPA, as amended, state courts can treat disposable military retired pay as divisible property in divorce cases. However, state laws may vary on these concepts. The USFSPA makes no assumption of such a division nor does it presume how much of a division should be made. In addition to possible receipt of retired pay, certain former spouses remain eligible to receive certain military benefits or privileges. Recent changes in other laws that affect the concurrent receipt of military retired pay and veteran disability pay may affect the amount of retired pay a former spouse receives. In other situations, later career and financial decisions made by military retirees may affect the availability of their retired pay. For example, military retirees who take federal civilian jobs and then retire from those jobs can waive their military retired pay and credit their military time to their civilian careers. In so doing, they eliminate their military retired pay, and thereby any share that might have been awarded to the former spouse. Since its inception, the USFSPA has remained contentious. Opponents of the law feel that it is unfair to servicemembers and should be modified or repealed. Proponents argue that the law protects the former spouse within nationally accepted standards. Some of the most frequently cited issues include (1) definition of disposable retired pay, (2) effects from new laws concerning concurrent receipt of military retired pay and veteran disability compensation, (3) interactions with other federal retirement systems, (4) effects in cases of early separation of servicemembers, and (5) treatment of benefits upon remarriage of a former spouse. As with the original provisions of the USFSPA, these and other proposed changes have been the source of great debate. Although legislation making various changes to the USFSPA has been introduced in the past, none of this legislation has allowed for retroactive change to settled cases.

Download or read book Crs Report for Congress written by David F. Burrelli and published by BiblioGov. This book was released on 2013-09 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1981, the Supreme Court ruled that the former spouse of a military member or retiree could not be awarded any share of that member's/retiree's retired pay as a part of a divorce property settlement in a community property state. In response, Congress enacted the Uniformed Services Former Spouses' Protection Act (USFSPA) in 1982. Under the USFSPA, state courts can treat disposable military retired pay as divisible property in divorce cases. In addition, certain former spouses would remain eligible to receive certain military benefits or privileges. The USFSPA has since been modified on a number of occasions. The USFSPA allows for disposable' military retired pay to be divided as part of a divorce settlement. The law makes no assumption of such a division nor does it presume how much of a division should be made. However, state laws may vary on these concepts. In addition, the USFSPA allows for certain military benefits to be awarded to qualifying former spouse. These include health care benefits and commissary/exchange privileges. Confusion exists over the distinction of disposable' versus total' retired pay. The use of disposable retired pay may have implications in terms of taxes withheld and taxes paid. In addition, recent changes in ...

Download or read book Military Retirement Benefits in Divorce written by Marshal Willick and published by American Bar Association. This book was released on 1998 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Uniformed Services Former Spouses Protection Act written by United States. Congress. Senate. Committee on Armed Services. Subcommittee on Manpower and Personnel and published by . This book was released on 1982 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Uniformed Services Former Spouses Protection Act FSPA written by United States. Congress. House. Committee on Armed Services. Military Personnel and Compensation Subcommittee and published by . This book was released on 1991 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Implementation of the Uniformed Services Former Spouses Protection Act written by GENERAL ACCOUNTING OFFICE WASHINGTON DC NATIONAL SECURITY AND INTERNATIONAL AFFAIRS DIV. and published by . This book was released on 1984 with total page 51 pages. Available in PDF, EPUB and Kindle. Book excerpt: Responding to a Supreme Court decision that military retired pay could not be divided as marital community property in divorce cases, the Congress authorized the services to pay part of a member's pay to a former spouse in compliance with a state court order. the services generally have done a good job implementing the act, but its complexity has caused problems. These problems concern interpretations of the act and court orders, and procedures for handling applications. Consequently, retirees and former spouses have sometimes been treated differently, depending upon the service involved. Some inconsistencies have been corrected but others remain.

Download or read book Benefits for former spouses of military members written by United States. Congress. House. Committee on Armed Services. Military Personnel and Compensation Subcommittee and published by . This book was released on 1983 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Benefits for Former Spouses of Military Members written by United States. Congress. House. Committee on Armed Services. Military Personnel and Compensation Subcommittee and published by . This book was released on 1983 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Military Divorce Handbook written by Mark E. Sullivan and published by American Bar Association. This book was released on 2006 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new and comprehensive book will give you exactly what you need to understand and comply with the law. It provides an overview of the provisions for the new Bankruptcy Reform Act including new sanctions provisions in Chapter 7 cases; regulation of attorneys as debt relief agencies; heightened requirements for reaffirmation agreements.

Download or read book A Guide to Divorce and Military Retirement Pay written by and published by . This book was released on 1985 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Military Disability Election and the Distribution of Marital Property Upon Divorce written by Michael Flannery and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congress created the Uniformed Services Former Spouses Protection Act to protect the economic security of former spouses of military personnel. One of the most significant property interests affording economic security to former spouses is the marital interest in retired pay to which both spouses contributed during the marriage. However, after the United States Supreme Court's decision in Mansell v. Mansell, many State courts interpreted the USFSPA to operate to allow a military retiree who waives a portion of retired pay for disability pay to unilaterally deprive a former spouse of his or her interest in that property and thereby obtain the benefit of the property for him or herself. Courts that interpret the USFSPA as prohibitive of State court authority to remedy this inequity by characterizing the waived portion of retired pay as marital property subject to equitable consideration under state property distribution law facilitate this inequity by negating any remedial authority that Congress afforded under the Act. By authorizing State courts to treat disposable retired or retainer pay as any other marital property under state property distribution principles, Congress arguably intended that State courts would consider the waived portion of retired pay in distributing other marital property and remedy any resulting inequity by offsetting with other marital property the portion of retired pay that was waived for disability pay. The developments in federal policy regarding many other federal benefits, including Social Security and Railroad Retirement benefits, support an interpretation of the USFSPA that allows for State courts to offset in this manner. Offsetting with other marital property in accordance with state property law promotes equity between the parties, ensures economic security for both parties, and does no damage to military personnel management or other federal objectives underlying the purpose of the USFSPA. Thus, Congress need not amend the USFSPA to authorize State courts to remedy this inequitable consequence of the federal military payment scheme. Instead, State courts need only to act under the authority that Congress has already afforded under the USFSPA by offsetting with other marital property that portion of retired pay that is waived for disability pay. In so doing, State courts will uniformly provide equity to military spouses and still adhere to the federal objectives underlying the USFSPA.

Download or read book What s Mine Is Mine What s Yours Is Mine written by Andrew A. Bufalo and published by S&b Publishing. This book was released on 2010-10-13 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Uniformed Services Former Spouses Protection Act is a law which divides the retainer pay of military retirees with former spouses for life, without regard to fault, merit or need.If you are affected by this law you need to understand how it was passed in direct contradiction of a U. S. Supreme Court ruling, and learn what you can do to fight for its modification and/or repeal.If you are married and contemplating a military career, or in the military and thinking about getting married, you had better read this book before its too late!Includes the full text of the Law and the McCarty v. McCarty decision.INCLUDES: Divorce in General: Not the Same as a General Getting DivorcedThe Problem: The Pendulum Has Swung Too FarThe McCarty Decision: The Men in Black got this one right...Stealth and Deception: Taking the "Supreme" Out of the Supreme CourtThe Rule of Property: You Can't Take It With You...Can You?The Retirement Myth: We're Not Done With You Just Yet!The UCMJ: How About a Uniform Code of Spousal Justice? Taking the Oath: Or, Saying "I Do"Basic Training Is No Honeymoon: Parris Island is Not Fantasy IslandEqual Contribution I: In the Field vs. In the MallEqual Contribution II: Deployments, And Those We Leave BehindEqual Contribution III: Three Hots and a CotEqual Contribution IV: WIAs and KIAs in the CommissaryFormulas for Disaster: One of These States is Not Like the OtherThe IRS: Emasculating the 550 Pound GorillaThe 20 Year Obligation: For Some...Windfall Profits: A Reward For Time Not Served! Retroactivity: You Retired When?Statute of Limitations: "Oh, by the way..."Remarriage: A Cottage IndustryDFAS: Divorced Fools Are ScrewedSBP: The Ex-Spouse Benefit Plan?The Thrift Savings Plan: A Different StoryThe Gender Issue: Good For the Goose, Good For the Gander?Garnishment: It's Not For EveryoneMilitary Retention: Why Stay For Half a Loaf?The Military Divorce Rate: Stand By Your Man (Or Not)Who's On First?: Let's Make a Federal (or State) Issue Out of ItForced Retirement: Well, You Could Retire Now!The Other Benefits: Medical, Commissary and the ExchangeDividing Disability Pay: After All, You've Got Two Legs!Without Fault, Merit, or Need: USFSPA Horror StoriesThe Rumsfeld Town Hall Meeting: Say It Ain't So, Don!Keeping the Troops Informed: Shhhhhh!!! Reform Legislation: A Political Hot PotatoEX-POSE and Doris Mozley: The Professional Former SpousesThe ARA: Fighting the Good FightThe Law: U.S.C. 10 1408 et seq The Decision: McCarty v. McCarty, 453 U.S. 210 (1981)

Download or read book Military Benefits for Former Spouses Legislation and Policy Issues written by and published by . This book was released on 2004 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this report is to provide a general discussion of legislative provisions and proposals relating to the military benefits for former spouses. It is not designed to answer detailed questions about specific issues arising in individual cases. Thus, it does not deal with case law nor does it apply legal or judicial interpretations of enacted statutes to specific situations. What benefits can divorced spouses of members or retirees of the uniformed services receive under law? What role do the services play in facilitating delivery of those benefits? What practical problems arise in the implementation of and service involvement in claims on those benefits? How does the current system for a divorce-related division of military retired pay work? These frequently asked questions reflect confusion and controversy over social policy and economic equity issues. The administrative and legal implementation has proven complex, because large numbers of men and women, and their often complicated individual situations, are affected.

Download or read book A Guide to Divorce and Military Retirement Pay Under the Former Spouses Protection Act written by SMS Productions and published by . This book was released on 1986 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Military Divorce Tips written by Tracy Foote and published by . This book was released on 2010-06-01 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: Military Divorce Tips, for the service member, the soon-to-be-former spouse, and their attorneys, provides a solid foundation for a basic understanding of military divorce issues. This efficient reference tool provides quick insight to the complexities involved without delving too heavily into the U.S. Codes themselves. At the same time, attorneys are able to use the footnotes if sources are needed for litigation. An awareness of the basics can lessen the economic and emotional turmoil of divorce. Consultations with financial advisors and divorce lawyers will be more productive, less time consuming, and less expensive after reading the topics included in this book."

Download or read book An Overview of Past Proposals for Military Retirement Reform written by John Christian and published by Rand Corporation. This book was released on 2006 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: By one estimate, between fiscal years 1995 and 2005, total compensation costs for current and former military personnel increased by almost 60 percent. The military retirement benefit remains a significant portion of these costs, and every change to accessions, retention, and basic pay today will have a future effect on pension expenditures. This technical report provides an overview of the history of U.S. military retirement studies and associated legislation, with a particular focus on the past 60 years of proposed reforms. It is organized around the following five major issues that have driven attempts at retirement system reform: cost, equity, selective retention, civilian comparability, and force management flexibility. The author finds that cost alone is reason to analyze the current retirement system, and reform proposals of the past have focused carefully on cost. However, he also finds that, as the military's mission evolves over time, it is also important to consider the sometimes subtle incentive effects that the retirement system has on service member behavior. Beyond considerations of cost, reform of the military retirement system necessarily involves ramifications for force structure and operational readiness.