post-nuptial acquisition-of-benefits rule (Alabama) · Go Syfert
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post-nuptial acquisition-of-benefits rule in Alabama

7 Alabama opinions name it 1 courts 2002–2011 0 in the last five years

The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Smith v. Smithgreen
alacivapp · 2002 · cited in 7 Alabama opinions naming this issue, 2002–2011
2 sentences

2011The apparent meaning of these provisions, when read as a whole, is that the trial judge may divide the value of any retirement benefits in which one spouse has a vested interest or is receiving on the date the action for divorce is filed, provided that the parties have been married for 10 years as of that date, that the judge divides only those retirement benefits acquired during the marriage, and that the judge awards the noncovered spouse no more than 50 percent of the benefits that may be considered by the court.” Smith v. Smith, 836 So.2d 893, 899-900 (Ala.Civ.App.2002) (emphasis altered).

2008The apparent meaning of these provisions, when read as a whole, is that the trial judge may divide the value of any retirement benefits in which one spouse has a vested interest or is receiving on the date the action for divorce is filed, provided that the parties have been married for 10 years as of that date, that the judge divides only those retirement benefits acquired during the marriage, and that the judge awards the noncovered spouse no more than 50 percent of the benefits that may be considered by the court.” Smith v. Smith, 836 So.2d 893, 899-900 (Ala.Civ.App.2002).

57

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Statutes the citing opinions construe

AL § Ala. Code § 30-2-51 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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