HB706 Alabama 2010 Session

Summary

Primary Sponsor

Barry Mask

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, factors for court to consider when awarding, military disability ay may not be used to offset income, Sec. 30-2-51 am'd.

Summary

HB706 sets rules for dividing military retirement pay in a divorce, basing the share on the service member's rank, pay, and years of service at the divorce date and excluding future increases and VA disability from the division.

What This Bill Does

If a court orders division of military retired pay, the share would be calculated using the service member's rank, pay rate, and years of service at the time of the divorce final order. Future pay increases from promotion or additional service after the divorce would not be included in the division. Cost-of-living increases would be available to the former spouse only to the extent they were received by the member during years of service, as shown in the pay table as of the final order. Disability compensation from VA for service-related injuries would not be counted in the division or used to offset other assets, and the court may consider additional factors such as education, work experience, criminal activity or domestic abuse, combat service, and career impact.

Who It Affects

• Military member whose retirement pay could be divided in a divorce (calculation based on rank, pay, and years of service at divorce; future increases excluded; disability pay not counted).
• Former spouse seeking a share of the military retirement pay (eligibility and amount influenced by the divorce date and allowable factors; may only receive certain cost-of-living increases and cannot rely on VA disability compensation in the division).

Key Provisions

• If division of military retired pay is awarded, the amount is based on the military member's rank, pay rate, and years of service on the date of the final divorce order.
• Future pay increases due to promotion or additional service after the divorce are not subject to division.
• The former spouse may receive cost-of-living increases only to the extent those increases were received during the member's years of service, as specified by the pay table at the time of the final order.
• The court may consider factors such as the education and work experience of the former spouse, criminal activity or domestic abuse, combat service, and career detriment when deciding the amount of the award.
• Disability compensation from the VA for service-related injuries cannot be counted in the division of property and cannot be used to offset other assets.
• The act amends Section 30-2-51 of the Alabama Code and becomes effective on the first day of the third month after passage.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Family Law