Special Monthly Compensation (SMC) and CRSC in Divorce

Oklahoma SB1951 Clarification

Here’s some more information on OK SB1951, which talks about military Special Monthly Compensation (SMC), Combat-Related Special Compensation (CRSC), and alimony in a military divorce.

Oklahoma requires representatives to post an entire bill for review, even if only one word is proposed to be changed. This is why you can see the entire bill listed in the “versions” tab on the Oklahoma State Legislature website. (The earlier post on The Wounded Warrior Protection Act, includes images of the entire May 9, 2012 version of OK SB1951.)

While the Former Military Spouse blog has been reading and raising questions concerning ALL of the text, in reality, representatives only look at the UNDERLINED portion of a bill (the proposed changes).

We’ve already pointed out confusing areas of Oklahoma’s 43 O.S. 2011, Section 134.

Here’s what the representatives were focusing on – the underlined sections.

43 O.S. 2011, Section 121:

Military Special Monthly Compensation (SMC)

This underlined section concerns Military Special Monthly Compensation (SMC), declaring SMC separate property belonging to the service member and not to be divisible in a divorce.

Special Monthly Compensation (SMC) and Alimony

This underlined text, also in Section 121, concerns Combat Related Special Compensation (CRSC) which states may garnish in divorce. In this case, Oklahoma is declaring all CRSC established prior to date of filing to be separate property belonging solely to the service member.

The next underlined text is in Section 134:

CRSC change in Oklahoma

This text concerns alimony and states that Special Monthly Compensation (SMC) is not to be used in computations for alimony.

OK SB1951, The Wounded Warrior Protection Act, was approved by Oklahoma’s governor on 5/15/2012.

How is SMC and CRSC handled in your state? Tell us in the comments below.