from Mobile Circuit Court (DR-16-900532), Rosemary D.
H. Nolan, Jr., Mobile, and Joshua B. Boone of Claude D.
Boone, P.C., Mobile, for appellant.
Joshua Briskman of Briskman & Binion, P.C., Mobile, for
Eduardo Enrrique Rel ("the husband") appeals from
an amended divorce judgment entered by the Mobile Circuit
Court ("the trial court") insofar as that judgment
awarded Carolina Rel ("the wife") $35,000 from the
husbands retirement accounts. We reverse and remand.
April 2016, the wife sued the husband for a divorce, seeking,
among other things, a division of the husbands retirement
accounts. The action was tried on February 16, 2017. Before
the wife called her first witness at the trial, the following
"THE COURT: What is the date of marriage?
"[The wifes counsel]: February 7, 2002.
"THE COURT: And when did the retirement, when did that
"[The husbands counsel]: Early 90s.
"THE COURT: And do you have your accountant ready to
reflect what was earned during the marriage?
"[The wifes counsel]: We do not, Your Honor. We asked
[the husband] in discovery what was in it at the time of the
marriage and he said he didnt know. I havent subpoenaed
anything so I dont have that.
"THE COURT: Let me see the attorneys in my office.
"(Off the record discussion in chambers.)
"(Back on the record.)
"THE COURT: All right. Call your first witness.
"And let the record reflect that the Court will not be
dividing the retirement today because there is not going to
be evidence to determine what amount was accrued during the
marriage, so lets begin."
trial court then proceeded to receive evidence. During the
husbands testimony, he testified as follows:
"THE COURT: And then your retirement of $147,000, I said
earlier that this was a problem because there was no -- not
going to be any evidence of how much was accrued during the
marriage, and on your ...