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AL HB706
Bill
Status
3/11/2010
Primary Sponsor
Barry Mask
Click for details
AI Summary
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Courts dividing military retired pay in divorce must base the allowance on the military member's rank, pay rate, and years of service at the time of the final divorce decree, calculated as a percentage at time of retirement.
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Future pay increases to the military member from promotion or additional service after the divorce are not subject to property division; the former spouse receives only cost-of-living adjustments based on the rank achieved at divorce.
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Courts may consider four additional factors when determining military retirement pay awards: the former spouse's education and work experience gained during the marriage, criminal activity or domestic abuse by either party, the military member's combat service, and any career detriment to the former spouse from the military marriage.
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Disability compensation received by a military member from the U.S. Department of Veterans Affairs for service-related injuries cannot be considered in property division or alimony determinations and cannot be offset against other military assets.
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The act becomes effective on the first day of the third month following passage and gubernatorial approval.
Legislative Description
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.
Family Law
Last Action
Read for the first time and referred to the House of Representatives committee on Judiciary
3/11/2010