Effects of the Uniformed Services Former Spouses' Protection Act on Military Retirement Benefits
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The Uniformed Services Former Spouses' Protection Act (USFSPA) allows state courts to treat military retirement pay as property for possible division in matters of divorce. The problem is that several military and veterans' organizations believe this law to be discriminatory towards military members and seek legislative reform. Thus, the central research question is: Should Congress amend the Title 10, U.S. Code, Section 1408, USFSPA, to ensure just compensation for both military members and military spouses in court-ordered divorce settlements? This thesis examines the divorce laws affecting ...
The Uniformed Services Former Spouses' Protection Act (USFSPA) allows state courts to treat military retirement pay as property for possible division in matters of divorce. The problem is that several military and veterans' organizations believe this law to be discriminatory towards military members and seek legislative reform. Thus, the central research question is: Should Congress amend the Title 10, U.S. Code, Section 1408, USFSPA, to ensure just compensation for both military members and military spouses in court-ordered divorce settlements? This thesis examines the divorce laws affecting the military retirement system in comparison to the laws affecting all other federal retirement systems, the real-world applications of the USFSPA by state courts in all 50 states and the District of Columbia, and perceived inequities of the act.
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