Frizzell v. Frizzell

L. CHARLES WRIGHT, Retired Appellate Judge.

Following oral proceedings, the trial court divorced the parties, divided their property, and awarded the wife periodic alimony and alimony in gross. The husband appeals.

The husband asserts that the trial court erred in awarding to the wife, as alimony in gross, a portion of his individual retirement accounts (IRAs). The husband insists that pursuant to Kabaci v. Kabaci, 373 So.2d 1144 (Ala.Civ.App.1979), and its progeny, his IRAs are considered retirement benefits and, therefore, are not subject to division as alimony in gross or as a property…