HB186 Alabama 2010 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Victor Gaston
Republican
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.
Summary: HB186 changes how military retirement pay is divided in a divorce by basing the division on the service member's rank, pay, and years of service at the time of the divorce and excluding future pay increases from the division.
What This Bill Does
If a court orders division of military retired pay, the bill requires the share to be calculated using the service member's rank, pay rate, and years of service as of the date of the final divorce order. Future pay increases from promotion or additional time served after the divorce would not be included in the division. The former spouse may receive only cost-of-living increases earned during the years of service up to the divorce date, as specified by the current pay table. The bill preserves existing rules about the non-covered spouse’s share cap and timing requirements for when payments begin.

Who It Affects
Military spouse (the service member) – the amount of retirement pay that may be divided will be based on their rank, pay rate, and years of service at the time of the divorce, with post-divorce increases not included in the division.
Non-military spouse (the former spouse) – may receive a share of the military retirement pay up to the existing cap (not more than 50% of what may be considered), and only COB increases earned during the service years up to the divorce date may be credited; payments typically start when the service member begins retirement or turns 65 unless a lump-sum arrangement is agreed.

Key Provisions
If military retired pay is divided in a divorce, the share must be based on the service member's rank, pay rate, and years of service on the date of the final order granting the divorce (not future changes).
Future pay increases from promotion or additional time served after the final decree are not subject to division.
The former spouse may receive only cost-of-living increases earned by the service member during years of service, as specified in the current pay table at the divorce date.
Existing rules about the 50% cap for the non-covered spouse and the timing of payments (e.g., not payable until the covered spouse begins retirement or reaches age 65 unless a lump-sum is agreed) remain applicable.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Family Law