Veteran’s Day is behind us. I noticed many people, online and off, pausing to thank the brave men and women who served our country and protected the freedoms we hold so dear. My husband too, himself a 22 year veteran who served in Desert Storm, noticed increased well wishes from those people he encountered during his workday. I, for one, am glad to see this spirit of support for current and former military personnel returning. It’s been absent from our country far too long. The attitude toward military personnel changed drastically during the Viet Nam war, from an air of respect to one of disdain, from those who were vehemently opposed to the war. But memories fade and, with the events of 9/11, Americans are beginning, once again, to feel the threat of terrorism on American soil and are finding a new appreciation for those who “keep the wolf from our door”, so to speak.

Unfortunately, one special group of veterans, those who chose to make the military their careers and have spent the better part of their lives serving their country, are being disrespected in a very different way and it’s happening right here in our own State of Michigan. A little known Federal law, 10 U.S.C. Section 1408, is robbing some veterans of the retainer pay (commonly and erroneously called a “pension”, more about that, later.) which was promised to them by the military, in exchange for 20 or more years of service. This law, called the “Uniformed Services Former Spouse Protection Act”, or USFSPA, allows states to divide military retainer pay between spouses, as property, in a divorce.

To receive retainer pay, an Army veteran must serve for a minimum of 20 years, while some branches of the military require even longer service to qualify for retainer pay. In exchange for this lifetime retainer pay, a retired vet must still be held accountable to the military for his/her actions under the Uniform Code of Military Justice, or UCMJ. In addition, unlike a “pensioner”, the retired veteran, receiving retainer pay, is also subject to recall, at any time, to active duty by the military. There have been cases where even very old vets were recalled to active duty, if their specialties were especially needed, such as retired military doctors, for example.

According to Military.com:

“In an event where Congress declares a state of war or national emergency, the Secretary of Defense can authorize the Secretaries of the Army, Navy, and Air Force to recall retired military personnel. Retirees may be recalled up to age 64 for general officers, age 62 for Warrant Officers, and age 60 for all others. Retirees are placed into one of three categories for recall purposes.

Category I (usually called first) includes retired servicemembers who meet the age and grade criteria, were not retired for permanent disability, have a US address, and have been retired fewer than five years.

Category II (usually called after Category I) includes servicemembers with the same qualifications as the first category, but retired for more than five years.

Category III includes all other retired servicemembers, including permanently disqualified disability retired servicemembers.”

Hence the name, “retainer pay”, rather than “pension”.

Under the Uniformed Services Former Spouse Protection Act, or USFSPA, while state courts have the option to divide this military retainer pay and to award a portion of it, or in some cases all of it, to the veteran’s spouse, the spouse receiving this military pay is under none of the constraints mentioned above, while the veteran remains subject to all of them. In addition, it does not matter whether or not the spouse committed abuse toward the military member, adultery or desertion, nor whether the spouse remarries or how much income he or she makes. He or she is still eligible to receive a portion of the veteran’s military retainer pay for life. This is separate from – and in addition to – any spousal or child support awarded, since the military member’s retainer pay is divided as “property” in the divorce, rather than support.

There have been cases where 100% of the veteran’s retainer pay was awarded to the spouse in a Michigan divorce court. Consequently, these vets are receiving nothing for their years of service and sacrifice. If you really want to honor those who’ve served in the military, especially those who’ve done so for most of their lives, I urge you to find out more about this law and to write your Congressional Representative requesting a complete overhaul or repeal. Our veterans deserve better.

To find your Congressional District, Senators and Representatives, govtrack.us offers an excellent tool, available at this link, which will allow you to find and zoom in on your district and will automatically show you, in the sidebar, who your senators and representatives are. Their contact information can be found on their individual websites, which are linked from their names. For more information, please visit ULSG.org.