HB706 Alabama 2010 Session
In Committee
Bill Summary
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, factors for court to consider when awarding, military disability ay may not be used to offset income, 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_description">
This bill would provide additional factors
that the court may consider in determining whether
to order a division of military retired pay</p><p class="bill_description">
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</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; 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; to provide additional factors that the court may
consider in determining whether to order a division of
military retired pay; and to prohibit certain disability
compensation from being used in determining a division of
property pursuant to a divorce.
</p>
Subjects
Family Law
Bill Actions
| Action Date | Chamber | Action |
|---|---|---|
| March 11, 2010 | Read for the first time and referred to the House of Representatives committee on Judiciary |
Bill Text
Bill Documents
| Type | Link |
|---|---|
| Bill Text | HB706 Alabama 2010 Session - Introduced |