Under existing law, a court may order an allowance up to 50 percent of the present or future value of retirement benefits of a person to his or her spouse upon divorce if the parties have been married for at least 10 years and if certain other conditions are met. Under existing law, when the court orders an allowance of retirement benefits of one spouse to another upon divorce, no amount is payable until the covered spouse begins to receive benefits unless the parties agree to a lump sum settlement.
This bill would eliminate the requirement that the parties have been married for 10 years before the court may award retirement benefits.
This bill would allow the court to use any equitable method of valuing, dividing, or distributing to benefits, but the noncovered spouse could receive no more than 50 percent of the benefits considered by the court.
This bill would provide that each party would bear equally the burden or benefit of passive appreciation or depreciation of the retirements during the time between the award of benefits and their distribution.
Conference Committee on HB328 2016RS first Substitute Offered
Coleman motion to Concur In and Adopt adopted Roll Call 870
Conference Report
Conference Committee Appointed
Marsh motion to Accede adopted Roll Call 981 P&PO appoints Ward, Whatley and Coleman-Madison
Conference Committee Requested
Coleman motion to Non Concur and Appoint Conference Committee adopted Roll Call 829 House appoints Coleman, Ball and Jones
Concurrence Requested
Motion to Read a Third Time and Pass adopted Roll Call 920
Coleman-Madison motion to Adopt adopted Roll Call 919
Judiciary first Substitute Offered
Third Reading Passed
Read for the second time and placed on the calendar with 1 substitute and
Read for the first time and referred to the Senate committee on Judiciary
Motion to Read a Third Time and Pass adopted Roll Call 311
Third Reading Passed
Read for the second time and placed on the calendar
Read for the first time and referred to the House of Representatives committee on Judiciary
Source: Alabama Legislature