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
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
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.
|March 23, 2010||Read for the first time and referred to the Senate committee on Judiciary|
|March 11, 2010||Motion to Read a Third Time and Pass adopted Roll Call 593|
|March 11, 2010||Third Reading Passed|
|February 4, 2010||Read for the second time and placed on the calendar|
|January 12, 2010||Read for the first time and referred to the House of Representatives committee on Judiciary|