SIGforum.com    Main Page  Hop To Forum Categories  The Lounge    Significant unanimous SCOTUS ruling this week flying under the radar - possible impact to divorced military members with retirements/disability
Page 1 2 
Go
New
Find
Notify
Tools
Reply
  
Significant unanimous SCOTUS ruling this week flying under the radar - possible impact to divorced military members with retirements/disability Login/Join 
Thank you
Very little
Picture of HRK
posted Hide Post
quote:
You fear predatory women. Do these women hold guns to these GI's heads?


No they can hold their more powerful weapon up to a GI's "little head".

Like a buddy said, women have half the money in the world, and the parts to get the other half...

I do have an issue with someone that gets married for say 8 years and somehow is now entitled to retirement benefits for life of
the other partner, I can see shared retirement benefits for the term equal to the marriage but no longer...
 
Posts: 24542 | Location: Gunshine State | Registered: November 07, 2008Reply With QuoteReport This Post
Little ray
of sunshine
Picture of jhe888
posted Hide Post
quote:
Originally posted by HRK:
quote:
You fear predatory women. Do these women hold guns to these GI's heads?


No they can hold their more powerful weapon up to a GI's "little head".

Like a buddy said, women have half the money in the world, and the parts to get the other half...

I do have an issue with someone that gets married for say 8 years and somehow is now entitled to retirement benefits for life of
the other partner, I can see shared retirement benefits for the term equal to the marriage but no longer...


Those are all the retirement benefits you would get in Texas - a portion of those earned during marriage. State divorce law doesn't divide assets earned in the future in any state, to my knowledge. I don't know if the federal rules about Army pensions are different. There aren't many servicemen in my town, so I don't see those cases. If a spouse can get future pension contributions, I think that is unfair.

As for the "parts to get the other half:" if a guy is so stupid as to fall under that spell, he gets what he deserves. Smart-assery aside, we're talking about adults; women don't have some irresistible power and men aren't such simpering idiots that some woman can trick them into selling their birthright.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53361 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
Member
posted Hide Post
https://www.dfas.mil/garnishment/usfspa/faqs.html

No, there is no Federal law that automatically entitles a former spouse to a portion of a member’s military retired pay. A former spouse must have been awarded a portion of a member’s military retired pay in a State court order. The Uniformed Services Former Spouses’ Protection Act (USFSPA), Title 10, United States Code, Section 1408, passed in 1981, accomplishes two things. First, it authorizes (but does not require) State courts to divide military retired pay as a marital asset or as community property in a divorce proceeding. Second, it provides a mechanism for a former spouse to enforce a retired pay as property award by direct payments from the member’s retired pay. Retired pay as property payments are prospective only. Retired pay arrears cannot be collected under the USFSPA.


_________________________
"Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it."
Mark Twain
 
Posts: 13379 | Registered: January 17, 2011Reply With QuoteReport This Post
Oh stewardess,
I speak jive.
Picture of 46and2
posted Hide Post
 
Posts: 25613 | Registered: March 12, 2004Reply With QuoteReport This Post
Member
posted Hide Post
quote:
Originally posted by mutedblade:
Soldier Sam, age 18, rank E-2 marries Sally Spreads-Herlegs, also age 18. They were married for 11 deployment filled years, over which time Sam had deployed to 3 hostile fire "combat" zones for a total of 7 years averaging 8 months per deployment. Sally was lonely during Sams deployments so she found Studly Do Right to entertain herself. After his Nth deployment, Sally decided to serve divorce papers to Sam on account of his "inability to maintain a relationship" or some such bullshit. Divorce is done, all is good or so it seems, until Sam retired at 22 years of service and the rank of E-8. Now he finds that he owes Sally 50% of his hard earned money until her death. $2658.50 per month until she dies. That's $31,902 per year, for life, all for basically 4 years of sammiches, clean undies, and sloppy seconds! Let's say Sally gives up the ghost and dies at 68 years old. She would have gotten from Sam $893,256 assuming no increase in retired mil pay rates during that time. Not bad, especially considering Sally had gotten herself healthcare, food/housing, and an education while married to ol' Sam. She went on to become some kind of high level manager for a business making 2 times what he ever did while in the military. Should he be entitled to anything she earned because of the education she earned while she was married to him? Should he not still expect at least a meal or two a month, and maybe even a bj from her, since he is "paying" her for her wifely duties? Or is this a case of he gets screwed (not in the good way) because she's a "fragile" woman and lots of laws are written to protect them, even though they no longer need protecting?


Perhaps the best written description of why the military retirement system sucks. Sally Spreads-Herlegs has screwed over many a military member.
 
Posts: 466 | Location: NW Ohio | Registered: August 07, 2011Reply With QuoteReport This Post
Little ray
of sunshine
Picture of jhe888
posted Hide Post
quote:
Originally posted by wcb6092:
https://www.dfas.mil/garnishment/usfspa/faqs.html

No, there is no Federal law that automatically entitles a former spouse to a portion of a member’s military retired pay. A former spouse must have been awarded a portion of a member’s military retired pay in a State court order. The Uniformed Services Former Spouses’ Protection Act (USFSPA), Title 10, United States Code, Section 1408, passed in 1981, accomplishes two things. First, it authorizes (but does not require) State courts to divide military retired pay as a marital asset or as community property in a divorce proceeding. Second, it provides a mechanism for a former spouse to enforce a retired pay as property award by direct payments from the member’s retired pay. Retired pay as property payments are prospective only. Retired pay arrears cannot be collected under the USFSPA.


Thanks for the info.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53361 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
  Powered by Social Strata Page 1 2  
 

SIGforum.com    Main Page  Hop To Forum Categories  The Lounge    Significant unanimous SCOTUS ruling this week flying under the radar - possible impact to divorced military members with retirements/disability

© SIGforum 2024