Military retirement bill draws fire in Oklahoma Legislature

by Julie Bisbee

National family law experts say a bill in the Oklahoma Legislature that seeks to change how courts view military retirement pay is flawed and could have serious fallout.

House Bill 1053 would change how military retirement pay is viewed in divorces. Currently, the retirement is divided as if it were marital property. Under HB 1053, the portion of military retirement pay an ex-spouse would be entitled to would end if that person remarried, making it similar to alimony. The bill has passed the House and the Senate judiciary committee.

"It’s going to pretty much be a disaster for military spouses," said Robert Spector, a professor of family law at University of Oklahoma College of Law. "This will increase the rate of military divorces in Oklahoma."

If the bill becomes law, Spector said, the cost of a military divorce will likely increase and spouses who are denied a portion of a service member’s retirement pay may look for public assistance.

The bill is being eyed carefully by veterans’ groups and family law attorneys alike.

Sen. Patrick Anderson, R-Enid, the bill’s Senate sponsor , said the bill is expected to be heard in the full Senate next week. But first, members of the Republican caucus want to discuss the ramifications, he said.

"It is a significant change in the law," Anderson said. "People on both sides of the issue have legitimate concerns about the bill. It seems to be a lightning-rod issue. It’s great that we’re having this discussion and hopefully we can come up with a solution where all parties will be satisfied."

Veterans’ groups who support the bill say the legislation is a way to recognize the difference between military retirement pay and traditional pensions. To keep a military retirement benefits package, a retired service member must continue to adhere to conduct rules and the service member could be asked to return to active duty or give up their retirement benefits.

Opponents of the bill say the retirement package is often the most valuable marital asset the family of a career military member has and it should be treated as marital property.

"The real effect of this legislation is to create a permanent underclass," said Marshal Willick, a Las Vegas attorney who has written a book for lawyers on how to divide military property. "Sometimes the military pension is the only asset people have accrued after years of being deployed and moving. With this bill, you will be creating a new class of welfare recipient for no valid public policy reason."