It's not often I see someone directly contradict themselves so glaringly in so few words.
You have a gift.
Miss. court: No divorce share of military benefit
- Thread starter nhboy
- Start date
It's not often I see someone directly contradict themselves so glaringly in so few words.
You have a gift.
bulldog
New Member
Wish my "ex" thought the way you do. Not only does she get her "share"
(33.4%) of my retirement, the judge also awarded her $1,500.00 alimony which is only terminated by her getting married again (she won't) or her death. Oh, and she has a career of her own so she's pretty much rolling in it...although claims to be broke.
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.
On June 26, 1981, the U.S. Supreme Court ruled that military retired pay could not be treated as community property in divorce cases. In response, Congress enacted the Uniformed Services Former Spouses Protection Act (USFSPA) which decreed that state courts could treat militay retired pay as property in divorce cases if they so chose.
From what I understand, a judge outside of the retirement system has to award that payment from military retirement, correct?
If so, could one not possibly get another judge to over turn the decision?
The law does appear to be outdated, and does not reflect the reality of spouses (usually women) ability to obtain good paying jobs since then.
I have to admit I really screwed up and was never divorced (a very patient and loving wife), so I have no experience in something like this, but have seen it up close and personal with friends of ours
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Vince
......
From what I understand, a judge outside of the retirement system has to award that payment from military retirement, correct?
Correct, and Maryland Judges will all award it to the wife. I have seen them overide the percentage calculated by the UFSPA and award the max of 50%.
In Texas, I've read other stories where the Judge awards nothing. Depends on the state.
If so, could one not possibly get another judge to over turn the decision? In a state that does not allow judges the choice? Like in a state where it is not a mandatory thing? If you get divorced in Maryland, you can't take it to another state to get the divorce decree overturned. Never heard of it being done.
The law does appear to be outdated, and does not reflect the reality of spouses (usually women) ability to obtain good paying jobs since then.
Yep, the law is outdated and unfair, but they can't get it before Congress to ratify it to make it fair.
acommondisaster
Active Member
Does that mean you'll stop posting?
GopherM
Darwin was right
It is not just Maryland that awards lifetime payments to the ex. My brother was divorced in Florida and may end up paying for the rest of his (or her) life. I was in Florida back in May and there was an article in the paper that they are considering setting some sort of "term limits" on how long an ex-spouse may continue to draw.
Virginia is also like Maryland and Florida. My daughter was divorced in that state and she had to petition the court and sign waivers so that she wasn't forced to receive a portion of her ex-husbands money when he retired.
Virginia is also like Maryland and Florida. My daughter was divorced in that state and she had to petition the court and sign waivers so that she wasn't forced to receive a portion of her ex-husbands money when he retired.
Vince
......
Yes, she actually has to sign a waiver for NOT wanting a piece of his retirement and she also has to sign to NOT receive any of his SBP benefits.