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