SF0046 • 2013

Protecting veteran disability compensation in divorce.

AN ACT relating to domestic relations; limiting the consideration of veteran's disability benefits in the division of property upon divorce as specified; and providing for an effective date.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Transportation
Last action: 2013-03-14
Official status: enrolled
Effective date: 7/1/2013

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

2013-03-14 LSO
Assigned Chapter Number
2013-03-13 Governor
Governor Signed SEA No. 0046
2013-02-22 House
H Speaker Signed SEA No. 0046
2013-02-21 Senate
S President Signed SEA No. 0046
2013-02-21 LSO
Assigned Number SEA0046
2013-02-21 House
H Passed 3rd Reading
2013-02-20 House
H Passed 2nd Reading
2013-02-19 House
H Passed CoW
2013-02-08 House
H Placed on General File
2013-02-08 House
H08 Recommended Do Pass
2013-01-24 House
H Introduced and Referred to H08
2013-01-15 House
H Received for Introduction
2013-01-15 Senate
S Passed 3rd Reading
2013-01-14 Senate
S Passed 2nd Reading
2013-01-11 Senate
S Passed CoW
2013-01-10 Senate
S Placed on General File
2013-01-10 Senate
S08 Recommended Do Pass
2013-01-08 Senate
S Introduced and Referred to S08
2013-01-08 Senate
S Received for Introduction
2012-12-21 LSO
Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
SF0046
Drafter:

IDS

LSO No.:
13LSO-0053
Effective Date:

7/1/2013

Enrolled Act No.:
SEA0046

Chapter No.:
CH0196

Prime Sponsor:
Joint
Transportation, Highways and Military Affairs Interim Committee

Catch Title:
Protecting veteran disability compensation in divorce.

Subject:
Consideration
of federal veterans disability benefits, or related income adjustments, in
making property dispositions in divorce proceedings.

Summary/Major
Elements:

Currently,
some district courts in Wyoming grant additional compensation to a divorcing
spouse when the person they are divorcing receives veterans disability
benefits or when the receipt of disability benefits acts to reduce other
benefits to which the spouse would have been entitled (
e.g.
, military
retirement pay).

This
bill expressly prohibits Wyoming courts from considering veterans disability
benefits or related income adjustments when making any asset distribution in a
divorce proceeding.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0046

ENROLLED ACT NO. 46, SENATE

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to
domestic relations; limiting the consideration of veteran's disability benefits in the division of property upon divorce as specified;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 20
‑
2
‑
114 is amended to read:

20
‑
2
‑
114.

Disposition of property to be equitable; factors; alimony generally
.

(a)

Except as provided in subsection (b) of this section, i
n granting a divorce, the court shall make such disposition of the property of the parties as appears just and equitable, having regard for the respective merits of the parties and the condition in which they will be left by the divorce, the party through whom the property was acquired and the burdens imposed upon the property for the benefit of either party and children. The court may decree to either party reasonable alimony out of the estate of the other having regard for the other's ability to pay and may order so much of the other's real estate or the rents and profits thereof as is necessary be assigned and set out to either party for life, or may decree a specific sum be paid by either party.

(b)

In making a disposition of property pursuant to this section, a court shall not do any of the following:

(i)

Consider any federal disability benefits awarded to a veteran for service-connected disabilities pursuant to
title
38
, chapter 11 of the
United States Code;

(ii)

Indemnify a
veteran’s spouse or former spouse for any waiver or reduction in military retirement or retainer pay related to rec
eipt of veteran disability benefits

pursuant to
title
38
, chapter 11 of the United States Code
;

(iii)

Award any other income or property of the veteran to the veteran’s spouse or former spouse
as compensation
for any waiver or reduction in military retirement or retain
er pay related to receipt of veteran
disability benefits

pursuant to
title
38
, chapter 11 of the United States Code
.

Section 2.

This act is effective July 1, 2013.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk