THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GIBBONS, STEVENSON, BARBIN, CREIGHTON, HARHART, HORNAMAN, KORTZ AND MIRABITO, MAY 21, 2012

REFERRED TO COMMITTEE ON JUDICIARY, MAY 21, 2012  

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, in divorce, further providing for

equitable division of marital property.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3502 of Title 23 of the Pennsylvania

Consolidated Statutes is amended by adding a subsection to read:

§ 3502.  Equitable division of marital property.

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(a.1)  Military pay.--The court, under 10 U.S.C. § 1408(c)

(relating to payment of retired or retainer pay in compliance

with court orders), may treat disposable retired pay 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 the court determines that the disposable retired pay

or retainer pay of a military member is marital property, the

court shall calculate the amount consistently with the rank, pay

grade and time of service of the member at the time of

separation.

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Section 2.  The addition of 23 Pa.C.S. § 3502(a.1) shall

apply to actions commenced on or after the effective date of

this section.

Section 3.  This act shall take effect in 60 days.