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July 2012 Archives

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Proposed PA Legislation Set To Establish New Parameters for the PA Divorce Code and Military Pensions

The proposed amendments introduced on May 21, 2012 in the PA House would amend Title 23 Pa.C.S. Section 3502(a.1) regarding military pay, to establish PA Courts with authority allowable under the U.S. Code to provide for equitable distribution of disposable retired pay or retainer pay.

Military Retirement as a Marital Asset Subject to Equitable Distribution

Pennsylvania has opted to treat military pensions as marital propertyHowever, The provision in the Divorce Code permitting equitable distribution of veteran's compensation where the veteran has waived a portion of his military retirement pay is preempted by federal law and is of no effect.