Ex-spouse law defies efforts for change

By Tom Philpott: Military Update A 1982 law that allows state courts to divide military retirement as marital property in divorce proceedings has grown skin of armor, making it impenetrable to court challenge or legislative change. That, at least, is how it must seem to long-time critics of the Uniformed Services Former Spouses Protection Act […]

Federal judge dismisses ex-spouses case

by Tom Philpott A federal judge has dismissed a lawsuit brought by 58 divorced service members and retirees challenging the constitutionality of the Uniformed Services Former Spouses Protection Act. The 1982 law allows state courts to divide military retirement as property in divorce settlements. U.S. District Court Judge James. C. Cacheris in Alexandria, Va., granted […]

Divorcees make constitutional challenge

By Tom Philpott Lawyers for divorced service members and retirees have filed a weighty constitutional challenge to the Uniformed Services Former Spouses Protection Act, charging widespread violations of “due process” and “equal protection” rights in the way the law is written and enforced. What might be described as the legal muscle behind the lawsuit became […]