Miss. court: No divorce share of military benefit

[nhboy]

Link to original article.

"JACKSON, Miss. (AP) — The Mississippi Supreme Court has ruled any military retirement pay that a veteran converts into disability benefits is exempt from alimony.

The Mississippi court reversed a decision in a Lamar County divorce case, citing a U.S. Supreme Court ruling in 1989 that federal law does not permit state court divorce decrees to divide the disability benefits. The Mississippi court said federal law pre-empts state law.

According to court records, a portion of the financial settlement that Tonya Mallard received in the property settlement agreement in her divorce was 40 percent of James Mallard's "disposable military retirement pay" for 10 years.

Following the divorce, court documents show Mallard elected to adopt a 60 percent disability rating as part of his retirement pay. He did not provide any of the disability benefits to his ex-wife.

Tonya Mallard sued, alleging that action denied her the 40 percent of this retirement benefits — about $21,000. A Lamer County judge agreed with her and ordered James Mallard to pay her 40 percent of the disability benefits.

Presiding Justice George C. Carlson Jr., writing this past week for the Mississippi court, said the issue had been addressed differently by courts in other states with no clear consensus.

"Whatever the equities may be, state law is pre-empted by federal law, and thus, state courts are precluded from ordering distribution of military disability benefits contrary to federal law," Carlson wrote."

 

[limblips]

I have always felt that the division of retired pay should be for the length of time they were married. I was married 9 years, she should get a share for 9 years then it ends. The premise was that since they were married to a military member they were unable to build a career. In my case, 9 years of free income would get her a career.

 

[Vince]

This is a very sore subject with me. The Uniformed former Spouse Protection act sucks. It gave my ex wife a portion of my military retirement FOR THE REST OF MY LIFE! So the wonderful state of Maryland treats your Military Retirement as "marital property." It doesn't matter if she remarries, if she's rich, whether she committed adultery, abandoned her children.....none of that matters in the liberal state of Maryland. Being fair would be letting her have it for the same amount of years she was married to me while I was in the military. Justice would be not giving her any portion of it.

 

[jetmonkey]

So the lesson here is, don't get married?

 

[Vince]

So the lesson here is, don't get married?

That's the right answer. You won the obama nobel piece prize for doing nothing.

P.S. I know how to spell peace.

 

[nhboy]

This is a very sore subject with me. The Uniformed former Spouse Protection act sucks. It gave my ex wife a portion of my military retirement FOR THE REST OF MY LIFE! So the wonderful state of Maryland treats your Military Retirement as "marital property." It doesn't matter if she remarries, if she's rich, whether she committed adultery, abandoned her children.....none of that matters in the liberal state of Maryland. Being fair would be letting her have it for the same amount of years she was married to me while I was in the military. Justice would be not giving her any portion of it.

If I'm not mistaken, if she were to die before you, her share doesn't get returned to you.

 

[b23hqb]

If I'm not mistaken, if she were to die before you, her share doesn't get returned to you.

Finally. For once you posted a thoughtful, logical statement. It piqued my interest, and what I could find from questions to DFAS, it appears you are probably wrong.

Frequently Asked Questions

17 What happens to USFSPA payments going to a former spouse when the member or the former spouse dies?

When a member dies, USFSPA payments going to a former spouse will stop. If the former spouse dies, payments will also stop. Former spouse payments cannot be passed on to a third party such as a beneficiary under a will when a former spouse dies. Once former spouse payments stop, those funds will revert back to the member's pay.

The way I read that, if the payee dies, the payments stop. If the spouse receiving the alimony dies, that amount of money should revert back to the payee.

Good question to be pondered, though.

 

[Vince]

If I'm not mistaken, if she were to die before you, her share doesn't get returned to you.

You are mistaken as usual. Read what B23 said above.

 

[nhboy]

You are mistaken as usual. Read what B23 said above.

So, she dies first and you get your money back. That's a good thing. Must be irritating to you that she is still enjoying good health with her share of "your" money.

 

[nhboy]

Finally. For once you posted a thoughtful, logical statement. It piqued my interest.

My work here is done.

 

[b23hqb]

So, she dies first and you get your money back. That's a good thing. Must be irritating to you that she is still enjoying good health with her share of "your" money.

Whaaaaa?????? Who is she, why is she still enjoying my money that was never stolen?

 

[vraiblonde]

Must be irritating to you that she is still enjoying good health with her share of "your" money.

Well, yeah and here's why:

She remarries, she can enjoy "good health" with her new husband, not her ex. Usually alimony is over with when the ex remarries, but that is not the case with military benefits and retirement.

Vince's ex has been remarried for quite some time, yet she still gets his military retirement benefits. Do you think that is fair?

 

[nhboy]

Well, yeah and here's why:

She remarries, she can enjoy "good health" with her new husband, not her ex. Usually alimony is over with when the ex remarries, but that is not the case with military benefits and retirement.

Vince's ex has been remarried for quite some time, yet she still gets his military retirement benefits. Do you think that is fair?

Fair? Its the law. Its tuff tiddy for Vince. He should have put more thought into it before signing away that portion of his retirement pay.

 

[vraiblonde]

Fair? Its the law. Its tuff tiddy for Vince. He should have put more thought into it before signing away that portion of his retirement pay.

But that's not what we're discussing. We know it's the law. Now we're discussing whether it's a good law or not, fair or not.

 

[Vince]

Fair? Its the law. Its tuff tiddy for Vince. He should have put more thought into it before signing away that portion of his retirement pay.

The answer is Yes, you are that ignorant. You don't sign it away, the Judge gives it away for you. As I have said, in Maryland, it is considered, by Maryland Law, to be marital property. Do you at least understand "marital property" and what a Judge can do? In the wonderful, liberal state of Maryland they can give away what ever they please to your ex spouse and you're just another divorced, screwed over ex husband to them. If you actually want to learn something, other than how to cut and paste, read the Uniformed Former Spouse Protection Act.

 

[nhboy]

The answer is Yes, you are that ignorant. You don't sign it away, the Judge gives it away for you. As I have said, in Maryland, it is considered, by Maryland Law, to be marital property. Do you at least understand "marital property" and what a Judge can do? In the wonderful, liberal state of Maryland they can give away what ever they please to your ex spouse and you're just another divorced, screwed over ex husband to them. If you actually want to learn something, other than how to cut and paste, read the Uniformed Former Spouse Protection Act.

Like I said, tuff tiddy, Man up, move on, etc.

 

[Vince]

Like I said, tuff tiddy, Man up, move on, etc.

Did that ten years ago, but an unfair law is just that, an unfair law. But then being the liberal that you are, you would not understand the concept of an unfair law.

 

[b23hqb]

The answer is Yes, you are that ignorant. You don't sign it away, the Judge gives it away for you. As I have said, in Maryland, it is considered, by Maryland Law, to be marital property. Do you at least understand "marital property" and what a Judge can do? In the wonderful, liberal state of Maryland they can give away what ever they please to your ex spouse and you're just another divorced, screwed over ex husband to them. If you actually want to learn something, other than how to cut and paste, read the Uniformed Former Spouse Protection Act.

Just another reason to leave MD, and move to a state that has reasonable, real-life laws, if you can. About your only way out of paying her is if either of you were to kick off.........

Or get another attorney that will get a different, more sympathetic judge towards the plight of males in divorce proceedings.

 

[libertytyranny]

There is no way I could have an oz of respect for myself taking money someone else earned. "military spouse" or not.

 

[Vince]

Just another reason to leave MD, and move to a state that has reasonable, real-life laws, if you can. About your only way out of paying her is if either of you were to kick off.........

Or get another attorney that will get a different, more sympathetic judge towards the plight of males in divorce proceedings.

Another attorney won't make a difference. The Uniformed Former Spouse Protection Act has to be brought up to date. There are many websites, petitions, etc. to have it brought before Congress, but as of yet, nothing has been done. I know I won't see it changed in my lifetime so it really doesn't bother me. But women that divorce for whatever reason don't deserve it for a lifetime. We call it "Alimony for Life." She can actually remarry another serviceman, divorce him and collect another retirement, if she were younger and had more lifetime left. And by the way, this doesn't just happen to men, women in the service, that get divorced, have to give up a portion of their retirements to the men that divorce them. Equal opportunity. This law was made back in the 50's when women were mostly housewives and husbands divorced them leaving them with nothing. Now women have careers, and run out on their husbands for other men the same as the men ran out for other women. Again, equal opportunity.