Senate File 39 - Introduced





                                       SENATE FILE       
                                       BY  DANIELSON


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for the modification of property divisions made
  2    pursuant to a dissolution of marriage.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1821SS 83
  5 pf/nh/24

PAG LIN



  1  1    Section 1.  Section 598.21, subsection 7, Code 2009, is
  1  2 amended to read as follows:
  1  3    7.  NOT SUBJECT TO LIMITED MODIFICATION.
  1  4    a.  Property With the exception of the provisions specified
  1  5 in paragraph "b", property divisions made under this chapter
  1  6 are not subject to modification.
  1  7    b.  The portion of a property division which constitutes an
  1  8 order intended to be a qualified domestic relations order
  1  9 affecting pension, profit sharing, or stock bonus plans
  1 10 pursuant to the United States Internal Revenue Code is
  1 11 modifiable only for the purpose of establishing or maintaining
  1 12 the order as a qualified domestic relations order or to revise
  1 13 or confirm the order's terms as to effectuate the expressed
  1 14 intent of the order.
  1 15                           EXPLANATION
  1 16    This bill allows an exception to the proscription against
  1 17 modification of property divisions made under the dissolution
  1 18 of marriage and domestic relations chapter.  The exception
  1 19 provides that the portion of a property division which
  1 20 constitutes an order intended to be a qualified domestic
  1 21 relations order (QDRO) affecting pension, profit sharing, or
  1 22 stock bonus plans is modifiable only for the purpose of
  1 23 establishing or maintaining the order as a QDRO or to revise
  1 24 or confirm the order's terms as to effectuate the expressed
  1 25 intent of the order.
  1 26 LSB 1821SS 83
  1 27 pf/nh/24