The Alabama Court of Civil Appeals has reversed a trial court’s award of a portion of the husband’s retirement plan to the wife in a divorce, because the couple had been married less than five years when the complaint was filed. Ruling in the case of Dempsey v. Dempsey, Case No. 2040068 (Ala. Civ. App. June 3, 2005), the court remanded the case and instructed the trial court “to reconsider the division of the marital assets and to enter a judgment consistent with this opinion.” Although the Court of Appeals didn’t say so expressly, it may have been opening for the door with this language for the trial court to realign the other aspects of the property division to compensate for the husband’s keeping his retirement plan.
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