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OK SB528

Bill

Status

Engrossed

3/16/2011

Primary Sponsor

Gary Banz

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Origin

Senate

2011 Regular Session

AI Summary

  • Establishes the "Military Retainer Pay Protection Act" to govern division of military retirement and retainer pay in divorce proceedings under the federal Uniformed Services Former Spouses' Protection Act.

  • Specifies that if marriage duration coincided with less than 10 years of military service, retirement or retainer pay is solely the member's property; if 10 or more years, court may treat it as marital or separate property.

  • Prohibits courts from considering federal disability benefits awarded to veterans for combat-related disabilities as divisible property in divorce settlements.

  • Establishes a two-year statute of limitations from the final divorce decree for a party to apply to district court for division of disposable retired or retainer pay.

  • Provides that payments of disposable retired pay to former spouse terminate upon voluntary cohabitation or remarriage of the former spouse, with court authority to modify final orders upon proof of these conditions; effective November 1, 2011.

Legislative Description

Military Retainer Pay Protection Act; division of marital property; specifying certain pay to be considered separate property.

Military and Veterans

Last Action

Second Reading referred to Judiciary

3/17/2011

Committee Referrals

Judiciary2/8/2011

Full Bill Text

No bill text available