[Congressional Record Volume 145, Number 2 (Thursday, January 7, 1999)]
[Extensions of Remarks]
[Page E49]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          UNIFORMED SERVICES FORMER SPOUSES EQUITY ACT OF 1999

                                 ______
                                 

                             HON. BOB STUMP

                               of arizona

                    in the house of representatives

                       Wednesday, January 6, 1999

  Mr. STUMP. Mr. Speaker, today I am introducing a bill to restore a 
small measure of balance to the way military retired pay is handled 
during a divorce.
  Under the Uniformed Services Former Spouses Protection Act, courts, 
were given the authority to divide military retirement pay as property. 
Since then, the Courts have almost uniformly taken advantage of that 
provision. This has resulted in certain injustices to military 
retirees. Chief among them is the fact that former spouses continue to 
receive a share of the retired pay even after one or more remarriages, 
regardless of the respective financial positions of the former spouse 
and the retiree. Moreover, there is no limitation on when former 
spouses can seek a division of retired pay.
  My bill has three principal components addressing problems created by 
the original legislation. First, it would terminate payments made as a 
division of property from retired pay upon remarriage of the former 
spouse. Second, it would require computation of the former spouse's 
portion of retired pay based on the rank and longevity of the 
individual at the time of divorce, not at the time of retirement. 
Third, it would limit the time in which a former spouse may seek a 
division of retired pay.
  I urge my colleagues to join me in seeking equity for military 
retirees.

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