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Repeal (without replacement) The Uniformed Service\\\'s Former Spouse Protection Act (USFSPA)

Military retired pay should not be included in marital property by the states

Dear Sir, or Ma'am,



The following petition is submitted for your consideration and action.



"Military retirement pay is the only retirement pay that is considered marital property by the state divorce courts. The Uniformed Service Former Spouse Protection Act states that judges can say that military retirement pay is disposable income and take that into consideration when considering equitable distribution in a divorce. The judges have taken that to say that a former spouse automatically gets a portion of the military members retirement. I have seen ex-spouses get part of the service members retirement pay, when they have provided no support throughout the service members career, committed adultery when the service member was on deployment and even abandoned the service member and took everything they owned. There is not even a requirement to show that they were a supportive party during the service members career, to earn a portion of that retirement. Additionally, disposable income is retirement benefits that do not include any disability payments the service member may receive because of a disability. I and other service members feel that the states have crossed the line and began awarding former spouses a portion of the disability benefits of the service member by stating the service member has to pay the former spouse spousal support for the rest of their life, if the service member receives disability, that would cut into the former spouses portion of the disposable income. This must stop. I am asking everyone to sign this petition and ask Congress to repeal (without replacement) the Uniformed Service Former Spouse Protection Act (USFSPA), so that military retirement is not considered community property and is not considered a marital asset. Being a military spouse is not the same as being an active duty service member. Why is military retirement pay a marital asset, but civilian retirement is not considered a marital asset? Imagine how you would feel if you and your spouse got divorced and you had to give him or her a portion, or half of YOUR RETIREMENT pay, for the rest of their life! Additionally, we have to stop these judges from taking our service members disability pay away by making them pay their former spouses spousal support, to make up any difference from the disposable income so changing this law would stop that as well. It is absolutely not fair that an ex spouse deserves to receive the money a service member that retires receives for his/her disability. Please sign this and stop the madness. Being a spouse is NOT the same as wearing a uniform everyday and serving this great nation of ours."



The original intent of this Act is no longer needed, even though it wasn't necessary back then either. You have the power to change this, so please consider this petition as we head into the upcoming election season. Thank you.