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TABLE OF CONTENTS Foreword Chapter 1: What You Don't Know CAN Hurt You True cases... Unfair but legal... Treatment of retired pay-the result of two major legal actions... States had been dividing retire pay in divorces... Problems not foreseen Chapter 2: What USFSPA Is and What It Is Not What does the USFSPA do... Who USFSPA applies to... Where USFSPA applies-locations... USFSPA characteristics... No-fault feature... Misconceptions about USFSPA... Problems and pitfalls Chapter 3: Where Were You in 1982 (Things the Recruiter Didn't Tell You) Historical look at community property... Landmark McCarty decision-precursor to the USFSPA... Supreme Court "invites" congressional action... Mass confusion in state appellate courts... How the law was passed... Post-USFSPA enactment problems not envisioned Chapter 4: Controversy Aplenty Background... Controversies: #1- Definition of retired pay and its treatment by the courts... #2- Retroactivity (still causing problems)... #3- Treatment disparate from other federal retirement programs... #4- The spouse is always treated as the "innocent" Party... #5- Award of retired pay based on rank at retirement, not at time of divorce... #6- Circumvention of the USFSPA protection of disability pay... #7- Restrictions associated with receiving retired pay apply to the retiree but not the spouse... #8- Impact of civil service employment on USFSPA award... #9- USFSPA payments survive remarriage of the ex-spouse... #10- Separation bonuses... #11- No statue of limitations... #12- Early retirement Chapter 5: Is it Income or Is It Property? Truth and consequences... The legal morass... Legal and other precedents... The bottom line Chapter 6: Women In Uniform Female military must get in line behind the nonmilitary wife.... DACOWITS... Times have changed... Career discrimination Chapter 7:The Reserves and The Guard Reservists are not always compensated with money... Does the "plight" apply to spouses of reservists... Reserve retirement system... Creditable service... Active Duty for retirement eligibility purposes... Computation of Reserve retired pay... Reservists and the USFSPA... Reservists have fewer benefits than ex-spouses... Bottom Line for reservists- you are subject to the USFSPA Chapter 8: All Divorces Are Not Alike: What You Need to Consider "Military" divorce vs. "Civilian" divorce... Issues unique to a Military divorce... Military benefits, 20/20/20 and 20/20/15 sposes... Abused Military Dependents Act... Support... SBP- Don't ignore the pre-retitrment notification requiremnets... Social Secrurity Chapter 9: Federal Benefits: Here Today and May Be Gone Tomorrow Allowances... Bonuses... Child care... Civil Service Employment... Commissary Benefits... COLA... Dental.... Educational benefits... Employment benefits... Federal Tax... Health benefits... Homeowner assistance... Life Insurance... Promotions... Retired Pay... Temporary Duty... Transition benefits... Bottom Line Chapter 10: Finacial Managment Before and After Your Divorce Alimony... Allowances... Automobile Insurance.. Banks... Bonuses... Children... Credit Cards... House ... Legal Fees... Property Tranfers... separation pay and SSB/VSI bonuses.. Reserve and Guard... Wills... Post-Divorce Chapter 11: Survior Benefit Plan Coverages... Premiums... Remarriage... Its effects... Offsets... COLA.... Tax treatment Chapter 12: 51 Flavors and Counting State by State Analysis on divisbilty of military retired pay Chapter 13: The Divorce Process What you need to know... Yor legal office Chapter 14: Selecting An Attorney The most critical step in your divorce... Interview checklist Chapter 15: Strategies Legal and moral obligations in a divorce... Suggested Strategies: 1. Get an educated attorney... 2.The USFSPA is a permissive law... 3. Know the law regarding court rulings on retired oay while active duty... 4. Do not forget teh denominator... 5. Know the law regarding disablity pay... 6. Consider income tax implications... 7. If you were divorces on or prior to 25 June 1981... 8. Avoid windfall benefits... 9. Consider a separation agreement... 10. Don'y forget SBP, Life insurance, and other survivpor benefits... 11. Keep yourself informed... 12. Get organized and know when to cut your losses... One final note about records... Summary Chapter 16: Legislative Environment: Reluctance and Obfuscations Visible legislation... 1990 Hearings... Retroactivity... Disposable pay... Stealth Legislation... Former Spouse access... Political Flak vest... Fairness amendments Chapter 17: About the ARA What and where... ARA Platform... Reform of USFSPA... Afterthought Chapter 18: Restoring Fairness and Equality to the Military Divorce Process Civics 101... NIMBY syndrom... What you can do Chapter 19: Bits and Pieces Pension funds to which you may be entitled... Soldiers' and Sailors' Civil Relief Act... Dont Stir the Pot Appendix A: USFSPA, Public Index Close Window