Women In Search of Equity
for Military In Divorce

The objective of WISE (Women in Search of Equity for Military in Divorce) is now and always has been to assist military members in understanding the ramifications of the Uniformed Services Former Spouses’ Protection Act (USFSPA, Public Law 97-252, 10 U.S.C. 1408,et seq.). WISE has been active as an association since 1992.

Other organizations such as the American Retirees Association (ARA) advocate and lobby for changes to the USFSPA on behalf of the military members. WISE is in agreement with ARA that changes in the law are necessary to bring about fair and equitable solutions to the problems which have not ceased to arise as a result of the enactment and further amendments to the USFSPA.

As explained in the publication by ARA, Divorce and Military II, “the goals of the ARA are relief for those military veterans already affected by various inequities in this law and reduction of the threat to future military retirees.”

For many years WISE has actively worked along with these organizations, and while we believe in their objectives, we have found that there is a pressing need for our services in assisting the military member who is in the throws of divorce and before a divorce in final.

Therefore, WISE is presently focusing efforts on future and on-going divorces in order to offer some assistance/suggestions to the military member while he or she is making important life-affecting decisions regarding a divorce before it becomes final.

The federal law that affects military in divorce is the Uniformed Services Former Spouses’ Protection Act (USFSPA), Public Law 97-252, 10 U.S.C. 1408. The USFSPA is also governed by the Federal Code of Regulations (CFR). Once the military member has been subjected to the effects of the USFSPA there is little that WISE can do to assist.

For those military members who have not yet crossed the threshold of a final divorce we suggest that they make themselves not only familiar with the USFSPA, but also the CFR which governs the rules under which the USFSPA is interpreted, by the federal government and all fifty states and United States Territories. We offer assistance through this challenging maze of legislation.

Just by the title of this legislation it is evident that the purpose of the law was to protect the former spouse. What WISE hopes to accomplish is to educate the military members and their legal counsel with regards to how this law affects them and to guide them through the interpretation of the law in layman’s terms, providing them with the knowledge necessary to protect, as much as possible, their military retirement benefits.

WISE strongly recommends that the military member, as well as their attorney, become familiar with the USFSPA, the CFR and their individual state family/divorce laws BEFORE SIGNING ANY PAPERS OR PROPERTY SETTLEMENT AGREEMENT INVOLVING AN IMPENDING DIVORCE.

WISE is available to discuss these issues with the member’s attorney. WISE is frequently contacted by attorneys from around the country and is more than willing to work with them in finding clarification to any questions they might have and suggestions on how they might be able to ease the member’s financial burden. There is no fee to the member or attorney for this service.

Patricia Bruce,             Shannon Backman
WISE National Director         WISE Executive Director
usfspahelp@aol.com          (251) 634-2489

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