This law was passed to protect the spouses who never had a career because they followed their military spouse around, only to be discarded for a newer version once their spouse retired. Why should your military retirement be any different than that of anyone else? I was active duty as well as a dependant, I understand that military service is not easy and requires a lot of sacrifice, but the same can be said for the spouse who is removed from family and friends and is left to cope alone while the military spouse is away. While it may not be fair in the states where the retirement is automatically awarded 50/50, that's the state law that's unfair, not the federal one.