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OK HB1053

Bill

Status

Engrossed

2/23/2009

Primary Sponsor

Gary Banz

Click for details

Origin

House of Representatives

2010 Regular Session

AI Summary

  • Amends 43 O.S. Section 134 to require courts to designate portions of alimony payments as either support or division of property, with division of property payments being irrevocable except under specified circumstances.

  • Establishes that support payments terminate upon death or remarriage of the recipient; allows termination upon proof of voluntary cohabitation with an opposite-sex partner.

  • Provides specific considerations for courts to review when determining if military retirement or retainer pay is marital property, including former spouse's ability to support themselves, length of service, education received during marriage, and career detriment.

  • Excludes disability compensation from the U.S. Department of Veterans Affairs for service-related injuries from consideration in property division and prohibits offsetting such disability income against other military member assets.

  • Requires annual briefings for Army National Guard and Air National Guard personnel regarding possible division of military retirement or retainer pay in divorce actions; effective November 1, 2009.

Legislative Description

Marriage; providing criteria for equitable distribution of marital property; providing for termination of payments under certain circumstances. Effective date.

Military and Veterans

Last Action

CCR read

3/30/2010

Committee Referrals

Judiciary2/3/2009

Full Bill Text

No bill text available