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.

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.

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.

This bill would provide additional factors that the court may consider in determining whether to order a division of military retired pay.

This bill would also prohibit disability compensation received by a military member for service-related disabilities from being considered as part of any division of property pursuant to a divorce.

Show more Show less

Subjects

Family Law