¶2The division of marital assets appears to inequitably favor the wife, particularly in light of the fact that the trial court made no finding of fault against the husband. If the $51,820 property settlement awarded to the wife is to be paid from the husband's $98,500 retirement account, it will contravene the statute. On remand, the *736 court may consider utilizing a "Qualified Domestic Relations Order" (QDRO) to ensure that the husband's retirement account will not be penalized by an unintended and unavoidable tax consequence, or the court may determine, based on the husband's reported gross receipts from his business, that he has ample resources to pay the property award. In any event, on remand the trial court should fashion a more equitable division of the marital assets.
795 So. 2d 729
Robinson v. Robinson
Court of Civil Appeals of Alabama
Decided March 9, 2001
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Court of Civil Appeals of Alabama · decided 2001-03-09
Cited by 62 later decisions — most recently September 2018 · most notably Parker v. Parker (2006), Stone v. Stone (2009)
60 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 2001-03-09
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