USFSPA Alabama Law
Alabama’s Treatment of the USFSPA Law
We’re sharing news of USFSPA Alabama law cases clarifying how Alabama implements the division of disposable retired pay. (Also see other state cases.)
In August 1993, in the case of Vaughn v. Vaughn, Alabama Supreme Court ruled disposable military retired pay divisible for retirement benefits accumulated during the course of marriage.
As of 2012, Alabama currently treats military retiree pay as a divisible property. This is the position taken by the majority of the U.S. states.
Getting Started on Alabama Divorce
Alabama Contested and Uncontested Divorce
DISCLAIMER: We have no immediate contact with this Birmingham, Alabama law firm concerning its military divorce experience and are only sharing the video to help explain the terms contested and uncontested and some things you might think about if you have children.
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You can contribute your information about Military Divorce in Alabama by completing our submission form beneath the clickable map on the State Military Divorce Laws page.
Comment on Vaughn v Vaughn, 1993:
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It’s not cut and dry to divide Military retired pay if it’s treated as a divisable asset.
Alabama law provides a unique limitation on pension division jurisdiction. The law specifically states that retirement benefits are not divisible as marital property unless the employee or “owning spouse” has ten years of pension service during the marriage.Ala. Code § 30-2-51
Also a judge could decide not to divide a pension if either spouse is found to have committed misconduct (adultry,convictions, ect)
Please check your facts before stating “a mojority of the states” rehtoric.
Hi Frank,
Thank you for adding additional information. Your time is appreciated.
Everyone can help add information about the uniqueness of their own state by submitting the form on http://www.formermilitaryspouse.com/military-divorce-laws/
Let’s key in on one word here – “PENSION” –
Military Retired PAY is NOT a “pension” !
It’s current pay for current service !
So the Alabama “pension” law does NOT apply to Military Retired PAY !
[ Moderator edit: twelve extra exclamation points removed from this comment per our comment policy found here: http://www.formermilitaryspouse.com/comment-policy/ ]