HB328 Alabama 2016 Session

Updated Feb 26, 2026

Notable

Summary

Primary Sponsor: Merika ColemanSenator
Democrat
Session: Regular Session 2016
Title: Divorce, retirement benefits, valuation and distribution, Sec. 30-2-51 am'd.
Summary: HB328 changes how retirement benefits are handled in divorce by removing the 10-year marriage requirement, letting flexible valuation, and capping the noncovered spouse at 50% while sharing value changes equally.
What This Bill Does
It eliminates the prior 10-year marriage requirement for awarding retirement benefits in a divorce. It allows the court to use any fair, equitable method to value, divide, or distribute retirement benefits, but restricts the noncovered spouse to receiving no more than 50% of the benefits considered. It requires both parties to share equally any passive increases or decreases in the value of retirement benefits between the award and distribution. It preserves the rule that, unless both parties agree otherwise, payments to the noncovered spouse may be deferred until the covered spouse starts receiving benefits or turns 65, unless a lump-sum settlement is agreed.

Who It Affects
Divorcing spouses who have retirement benefits (they gain flexibility in how benefits can be valued and divided).
The noncovered spouse (the spouse potentially receiving a portion of retirement benefits), who is limited to up to 50% and must share in passive value changes.

Key Provisions
Eliminates the requirement that the parties must have been married for 10 years to award retirement benefits upon divorce.
Allows the court to use any equitable method to value, divide, or distribute retirement benefits, with the noncovered spouse capped at 50% of the benefits considered by the court.
Between the award and distribution, passive increases or decreases in retirement benefit value are shared pro rata by both parties.
Payments to the noncovered spouse may be deferred until the covered spouse begins to receive benefits or reaches age 65, unless both parties agree to a lump-sum settlement.
Effective date: January 1, 2017.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Divorce