First: You can e-mail WISE at: USFSPAhelp@aol.com, or find our web site at: http://www.members.cox.net/wise. You can also contact Shannon Backman at (251) 634-2489.

DISCLAIMER: The information provided here and within this site is designed to serve as general information only. This information should not be construed as legal advice. This site does not provide legal or judicial interpretation of enacted laws. This information is not a legal brief nor does it state a legal position. It cannot be used as evidence of intent, interpretation or precedent in any legal action.

• The Uniformed Services Former Spouses Protection Act (USFSPA, 10 USC 1408) does not require a military member or retiree to divide a share of their retired pay in divorce. If the JAG, a contemporary or your divorce lawyer tells you this, they are very mistaken and do not know the law. The USFSPA only allows the individual 50 states to treat military retired pay as property of a marriage if the individual state chooses to do so. At this time, all 50 states choose to divide military retired pay as property in divorce.
• Do no use the same attorney your spouse is using. At all cost, retain your own attorney.
• It is strongly recommended that the military member or retiree does not sign a property settlement agreement "sharing" a portion of your retired pay with your soon to be former spouse. If your attorney tells you that you must, this is not true! Please feel free to have your attorney contact us at their earliest convenience so we may provide them accurate information that will help protect your share of retired pay. If your attorney refuses to contact WISE or insists that you sign a property/marital settlement agreement that mentions your retired pay in any way shape or form, contact WISE immediately.
• A property settlement agreement is a separate document from your order of divorce although it becomes incorporated into the divorce and signed by the judge. Should you choose to sign a property settlement agreement, it will be a stand alone contract covered under contract law which binds you for life, regardless of any future circumstances that might alter the terms of your divorce. The signing of the settlement agreement, in essence, commits you to the settlement agreement (contract) over and above the terms of the divorce decree itself.
• In almost all circumstances a property settlement agreement cannot be modified unless agreed to by BOTH parties to the divorce. For this reason we ask you to think carefully and tread cautiously before deciding to sign an agreement that includes a division of your military retired pay.
• By refusing (with all due respect to your attorney and the court) to include a mention or division of your retired pay in the property agreement, the court will be forced to divide the military retired pay and you are not contractually bound for life.
• Your attorney will likely insist that "you MUST sign the agreement" which includes a share of your retired pay. Your attorney may go so far as to tell you that if you don’t sign the agreement, the judge will give your spouse everything. If, on the very slim-to-none chance that the judge gives your spouse a greater than 50% share, which is the limit provided in the federal law (USFSPA), you may have the right to an appeal.
• There are other alternatives to signing that contract – that property settlement agreement that speaks to your retired pay. There are means by which you can make the court happy and your attorney happy (even if you’re not), which are available to you. Either contact us or have your attorney contact us immediately. It is not uncommon for attorneys to contact WISE for clarification and information on military divorce and we are very pleased to answer their questions.
• Preferably, it is to your advantage to contact WISE before talking to your attorney so we can be sure that the issues are all well understood by you, and we will be better able to prepare you for approaching your attorney.
• Remember: you can sign a property settlement agreement that divides all the (other) property accrued during the marriage, if you so agree, but make sure that the settlement agreement does not mention your military retired pay.

If you know a military member or retiree who is thinking about, or is in the process of, divorce please do them a favor and put them in contact with WISE immediately.

Patricia Bruce,             Shannon Backman
WISE National Director         WISE Executive Director

Contact WISE: usfspahelp@aol.com

or call Shannon Backman at: (251) 634-2489

Home Page