"What is the Uniform Services Former Spouses' Protection Act?
The Uniformed Services Former Spouses' Protection Act, 10 U.S.C. sect 1408, et seq. included as a "rider" to the 1983 Defense Appropriations Bill, often called the USFSPA, effectively invalidates the United States Supreme Court's ruling McCARTY v. McCARTY, 453 U.S. 210 (1981) that military retirement/retainer is not subject to division in divorce proceedings.
If you are on Active Duty/ Guard or Reserve Member, member of the Commissioned Corps of the US Public Health Service or Commissioned Corps of the National Oceanic and Atmospheric Administration (NOAA), or Retired Veteran in the Armed Forces of the United States or one of the above agencies and have been party to a divorce action, your military retirement pay is subject to this law and therefore, subject to be treated as common property, divisible in divorce actions. Often veterans find themselves court ordered to provide former spouses up to 50% of his/her rightfully earned retainer/retirement pay. We have learned of many veterans who are receiving disability compensation through the Veteran's Administration are also being court ordered to forfeit portions of their disability pay in support of a former spouse. Adding salt to the wound, there are no time limits on these court ordered payments… most are for life, even if a former spouse remarries."
"The Clear Issue
An Unjust Law
The U.S. Constitution clearly states, that all laws must be dealt with in a uniform manner and that rulings based on our laws, must be uniform and consistent. It is very clear, the State Courts of our great nation are not treating this law in a uniform or consistent manner. There are outrageous tragedies created by various State Court rulings affecting our fellow brother and sister veterans. Rank, gender, race, time of rank while in service, ability or disability are to have no regard in divorce court rulings. There is today total disparity across the board; this law is unfair.
The issue described above is clear – the USFSPA is not only unjust, it is unfair and unconstitutional and needs to be repealed."