Division of Retirement Accounts in Divorce
A prospective client recently asked me whether or not she could receive a portion of her spouse's retirement account in her upcoming divorce. I explained to her that in Alabama, if the parties have been married for 10 years preceding the filing of the divorce complaint, the court has the discretion to award them up to half of the value of the spouse's retirement accounts that accumulated during the marriage.
The Alabama Code section that deals with this issue is found at Title 30, Chapter 2, Section 51 (Alabama Code Section 30-2-51). Which you can access from this table of contents of the Alabama Code.
Title 30 contains all statutes in Alabama that deal with divorce and domestic relations. This online version is available for all to peruse for free. So, browse around Title 30. You may find other statutes that may be applicable in your divorce case. My theory is the more educated you are about your case, the easier it is to get through it (something about the unknown greatly increases the stress of the divorce process).
My husband surprised me recently by asking for a divorce. We have been married for 9years and 5 months, but we lived together for six months before we got married. Am I entitled to a part of his pension? I know that the rule is ten years, but I am wondering if the six months of living together,prior to the marriage, are considered? Thank you.
The ten years run from date of marriage untill date of filing of the divorce complaint. Unless you meet the requirements for a common law marriage for that extra six months, if he files before the 10 year mark you will not be entitled to make claim on his retirement. There are some strategic decisions that will need to made about your case immediately. I highly recommend that you immediately consult with a lawyer that specializes in divorce work. Good luck to you.