Colafrancesco v. Colafrancesco, [Ms. 2200494, Feb. 11, 2022] __ So. 3d __ (Ala. Civ. App. 2022). The court (Thompson, P. J.; Moore, Edwards, Hanson, and Fridy, JJ., concur) reverses the Shelby Circuit Court’s order awarding the wife periodic alimony. The court determines that the circuit court exceeded its discretion by awarding the wife monthly periodic alimony because a portion of the alimony award would have to be paid from the husband’s veteran’s disability benefits. Applying the Uniformed Services Former Spouses’ Protection Act (“the FSPA”), the court holds
[T]he trial court exceeded its discretion by considering the husband’s VA disability benefits and CRSC benefits when awarding the wife periodic alimony. The evidence indicates that both the husband’s VA disability benefits and his CRSC [Combat-Related Special Compensation] benefits were awarded after he retired from the military. Additionally, the VA letter establishes that the VA determined that the husband had a service-connected disability and awarded him VA disability benefits. For the husband to receive those benefits, he had to waive a corresponding amount of his military-retirement income. See Stone [v. Stone, 26 So. 3d 1232 (Ala. Civ. App. 2009)] and 10 U.S.C. § 5305. Therefore, the husband’s VA disability benefits cannot be considered as “disposable retirement pay” under FSPA.
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