SB214 Alabama 2017 Session

Summary

Primary Sponsor

Linda Coleman-MadisonSenator

Democrat

Session

Regular Session 2017

Title

Divorce, retirement benefits, valuation and distribution, Sec. 30-2-51 am'd.

Summary

SB214 would change how retirement benefits are handled in divorce by removing the 10-year marriage requirement, allowing flexible valuation, and keeping a 50% cap for the non-covered spouse while sharing passive value changes.

What This Bill Does

If passed, the bill eliminates the 10-year marriage duration rule for awarding retirement benefits in a divorce. It lets the court use any fair method to value, divide, or distribute retirement benefits, but the non-covered spouse cannot receive more than 50% of the benefits considered. Both parties would share equally any passive increase or decrease in the value of retirement benefits from the award date to distribution. Payments to the non-covered spouse could still be delayed until the covered spouse starts benefits or turns 65, unless the parties agree to a lump-sum settlement.

Who It Affects

• Divorcing spouses in Alabama, including both those who have retirement benefits (covered) and their spouses (non-covered), by changing how benefits can be valued, divided, and paid.
• Spouses with retirement benefits and their partners, since the bill introduces a flexible valuation method and requires sharing of passive value changes between them.

Key Provisions

• Eliminates the 10-year marriage requirement for courts to award retirement benefits upon divorce.
• Allows the court to use any equitable method to value, divide, or distribute retirement benefits, with a cap that the non-covered spouse may receive no more than 50% of the benefits considered by the court.
• Requires both parties to bear equally the burden or benefit of passive appreciation or depreciation of retirement benefits between the award and distribution date.
• Maintains that, unless agreed otherwise, the non-covered spouse’s benefit is payable only after the covered spouse begins to receive benefits or reaches age 65, with the option of a lump-sum settlement.
• Preserves that the marital estate includes retirement benefits earned during marriage, and places the burden of proving exclusions from that estate on the party claiming them.

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

Subjects

Alimony