HB706 Alabama 2010 Session

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

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.