Division of marital property; military retainer pay.
Impact
Under SB418, courts are granted specific authority to classify and divide marital property and debts based on contributions during the relationship. This legislation emphasizes that contributions, both monetary and nonmonetary, to the well-being of the marriage should be considered in property evaluations. Additionally, the bill enables courts to provide awards that reflect these contributions when distributing assets, impacting both parties' financial futures and sufficiency post-divorce.
Summary
SB418 proposes amendments to the Code of Virginia concerning the division of marital property and debts when a marriage is dissolved. The bill seeks to clarify the definitions of marital and separate properties, establishing rules for how property and debt should be classified when determining rightful ownership during divorce proceedings. A significant aspect of the bill is the treatment of military retainer pay as separate property, which is notable for its implications on the financial outcomes for military members during divorce settlements.
Contention
Points of contention surrounding SB418 revolve primarily around its handling of military retirement benefits and the general principles of fairness in property division. Critics argue that designating military retainer pay as separate property could unfairly disadvantage spouses who may have contributed significantly to the marriage, yet receive less equitable shares of shared assets. Supporters, however, contend that this provision is necessary to protect the rights of service members and ensure that their earned benefits remain intact upon dissolution of marriage.
In preliminary provisions relating to divorce, further providing for legislative findings and intent, for definitions, for bases of jurisdiction, for effect of agreement between parties and for premarital agreements; in dissolution of marital status, further providing for grounds for divorce, repealing provisions relating to counseling, further providing for grounds for annulment of voidable marriages, repealing provisions relating to defenses, to action where defendant suffering from mental disorder and to general appearance and collusion, further providing for hearing by master, providing for general order of divorce proceedings, repealing provisions relating to jury trial, further providing for decree of court and repealing provisions relating to opening or vacating decrees; in property rights, further providing for definitions and for disposition of property to defeat obligations; in alimony and support, further providing for alimony and repealing provisions relating to bar to alimony; and repealing provisions relating to mediation.