HB186 Alabama 2010 Session

Sponsors

Session

Regular Session 2010

Title

Divorce, property division, military retired pay, division limited to a percent based on military spouse's rank and pay rate on date of final order and any cost-of-living increases in effect on date military spouse begins drawing retirement, Sec. 30-2-51 am'd.

Description

<p class="bill_description"> Under existing law, upon granting a divorce, if either spouse has no separate estate or if the estate is insufficient for the maintenance of a spouse, the court, in its discretion, may include in a division of property the present value of future or current retirement benefits subject to certain additional conditions</p><p class="bill_description"> This bill would specifically provide that where a court orders a division of military retired pay pursuant to a divorce, the court shall use the military member's rank, pay rate, and years of service at the time of the divorce. This bill would also specify that future pay increases attributable to promotion or additional time served by the military member spouse would not be subject to property division</p><p class="bill_entitled_an_act"> To amend Section 30-2-51, Code of Alabama 1975, to provide further for the division of retirement benefits in a divorce; and to provide that where a court orders a spousal allowance of military retired pay as part of a property settlement pursuant to divorce, the allowance shall be based on rank, pay rate, and years of service at the time of the divorce. </p>

Subjects

Family Law