STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

HOUSE BILL 2665	By:	Jordan

AS INTRODUCED

An Act relating to marriage and family; amending 43 O.S. 2011, Section 121, which relates to the division of property in marriage dissolution proceedings; modifying certain military retainer pay division determinations; providing methods for the calculation of asset divisions; amending 43 O.S. 2011, Section 134, which relates to alimony determinations; relocating provisions related to the division of certain military benefits; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     43 O.S. 2011, Section 121, is amended to read as follows:
Section 121.  A.  When a divorce dissolution of marriage is granted, the decree shall restore:
1.  To the wife her maiden or former name, if her name was changed as a result of the marriage and if she so desires;
2.  To the husband his former name, if his name was changed as a result of the marriage and if he so desires.
B.  The court shall enter its decree confirming in each spouse the property owned by him or her before marriage and the undisposed‑of property acquired after marriage by him or her in his or her own right.  Either spouse may be allowed such alimony out of real and personal property of the other as the court shall think reasonable, having due regard to the value of such property at the time of the divorce dissolution of marriage.  Alimony may be allowed from real or personal property, or both, or in the form of money judgment, payable either in gross or in installments, as the court may deem just and equitable.  As to such property, whether real or personal, which has been acquired by the parties jointly during their marriage, whether the title thereto be in either or both of said parties, the court shall, subject to a valid antenuptial contract in writing, make such division between the parties as may appear just and reasonable, by a division of the property in kind, or by setting the same apart to one of the parties, and requiring the other thereof to be paid such sum as may be just and proper to effect a fair and just division thereof.  The court may set apart a portion of the separate estate of a spouse to the other spouse for the support of the children of the marriage where custody resides with that spouse.
C.  Pursuant to the federal Uniformed Services Former Spouses’ Protection Act, 10 U.S.C., Section 1408, a court may treat disposable retired or retainer pay payable to a military member either as property solely of the member or as property of the member and the spouse of the member.  If a state court determines that the disposable retired or retainer pay of a military member is marital property, the court shall award an amount consistent with the rank, pay grade, and time of service of the member at the date of filing of the petition or granting of the decree of dissolution of marriage.
D.  Unless otherwise agreed to by the parties, any division of an active duty military member’s retirement or retainer pay shall use the following language:
“The former spouse is awarded a percentage of the member’s disposable military retired pay, to be computed by multiplying fifty percent (50%) times a fraction, the numerator of which is ____x____ months of marriage during the member’s creditable military service, divided by the member’s total number of months of creditable military service.”
E.  In the case of a member’s retiring from reserve duty, unless otherwise agreed by the parties, any division of a reservist’s retirement or retainer pay shall use the following language:
“The former spouse is awarded a percentage of the member’s disposable military retired pay, to be computed by multiplying fifty percent (50%) times a fraction, the numerator of which is __X____reserve retirement points earned during the period of the marriage, divided by the member’s total number of reserve retirement points earned.”
F.  There shall be a two-year statute of limitations, beginning on the date of the final dissolution of marriage, for a party to apply for division of disposable retired or retainer pay. 
SECTION 2.     AMENDATORY     43 O.S. 2011, Section 134, is amended to read as follows:
Section 134.  A.  In any divorce dissolution of marriage decree which provides for periodic alimony payments, the court shall plainly state, at the time of entering the original decree, the dollar amount of all or a portion of each payment which is designated as support and the dollar amount of all or a portion of the payment which is a payment pertaining to a division of property.  The court shall specify in the decree that the payments pertaining to a division of property shall continue until completed.  Payments pertaining to a division of property are irrevocable and not subject to subsequent modification by the court making the award.  An order for the payment of money pursuant to a divorce dissolution of marriage decree, whether designated as support or designated as pertaining to a division of property shall not be a lien against the real property of the person ordered to make such payments unless the court order specifically provides for a lien on real property.  An arrearage in payments of support reduced to a judgment may be a lien against the real property of the person ordered to make such payments.
B.  The court shall also provide in the divorce dissolution of marriage decree that upon the death or remarriage of the recipient, the payments for support, if not already accrued, shall terminate.  The court shall order the judgment for the payment of support to be terminated, and the lien released upon the presentation of proper proof of death of the recipient unless a proper claim is made for any amount of past-due support payments by an executor, administrator, or heir within ninety (90) days from the date of death of the recipient.  Upon proper application the court shall order payment of support terminated and the lien discharged after remarriage of the recipient, unless the recipient can make a proper showing that some amount of support is still needed and that circumstances have not rendered payment of the same inequitable, provided the recipient commences an action for such determination, within ninety (90) days of the date of such remarriage.  Any modification of alimony payments shall be effective upon the date of the filing of the requested modification.
C.  The voluntary cohabitation of a former spouse with a member of the opposite sex shall be a ground to modify provisions of a final judgment or order for alimony as support.  If voluntary cohabitation is alleged in a motion to modify the payment of support, the court shall have jurisdiction to reduce or terminate future support payments upon proof of substantial change of circumstances of either party to the divorce relating to need for support or ability to support.  As used in this subsection, the term cohabitation means the dwelling together continuously and habitually of a man and a woman who are in a private conjugal relationship not solemnized as a marriage according to law, or not necessarily meeting all the standards of a common‑law marriage.  The petitioner shall make application for modification and shall follow notification procedures used in other divorce decree modification actions.  The court that entered the divorce dissolution of marriage decree shall have jurisdiction over the modification application.
D.  Except as otherwise provided in subsection C of this section, the provisions of any divorce dissolution of marriage decree pertaining to the payment of alimony as support may be modified upon proof of changed circumstances relating to the need for support or ability to support which are substantial and continuing so as to make the terms of the decree unreasonable to either party.  Modification by the court of any divorce decree pertaining to the payment of alimony as support, pursuant to the provisions of this subsection, may extend to the terms of the payments and to the total amount awarded; provided however, such modification shall only have prospective application.
E.  Pursuant to the federal Uniformed Services Former Spouses’ Protection Act, 10 U.S.C., Section 1408, a court may treat disposable retired or retainer pay payable to a military member either as property solely of the member or as property of the member and the spouse of the member.  If a state court determines that the disposable retired or retainer pay of a military member is marital property, the court shall award an amount consistent with the rank, pay grade, and time of service of the member at the time of separation.
F.  The provisions of subsection D of this section shall have retrospective and prospective application with regards to modifications for the purpose of obtaining support or payments pertaining to a division of property on divorce decrees which become final after June 26, 1981.  There shall be a two-year statute of limitations, beginning on the date of the final divorce decree, for a party to apply for division of disposable retired or retainer pay.
G.  The provisions of subsections C and D of this section shall have retrospective and prospective application with regards to modifications of the provisions of a final judgment or order for alimony as support, or of a divorce decree pertaining to the payment of alimony as support, regardless of the date that the order, judgment, or decree was entered.
SECTION 3.  This act shall become effective November 1, 2012.

53-2-8515	SDR	01/10/12