Public Law 97-252, Title 10 United States Code, Section 1408, the Uniformed Services Former Spouses’ Protection Act (USFSPA) is bad legislation.
The most absurd abuse of the USFSPA law is in windfall gains. Because retirement pay is based on the length of the military member’s career, each raise in pay due to promotion, longevity of service, or cost of living will play a part in determining his or her retirement benefit. Under this law, these raises also apply to the former spouse’s entitlement, even if these events take place after the divorce!
The fundamental flaw in the USFSPA is that it regards military retainer pay as property and therefore allowing it to be divided as such.
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