with writing. THOMAS, J., concurs in the result, without writing. 1 . The husband also argues that the wife failed to prove the present value of the divisible retirement benefits. However, the husband did not make that argument at trial, see Andrews v. Merritt Oil Co., 612 So.2d 409, 410 (Ala.1992) (“[An appellate court] cannot consider arguments raised for the first time on appeal; rather, [an appellate court’s] review is restricted to the evidence and arguments considered by the trial court.”), and, as discussed infra, the record belies that contention. 2 . Both parties exclude the husband’s pension from their calculations, probably because the wife did not present any evidence as to the present value of the pension. See Brattmiller v. Brattmiller, 975 So.2d 359 (Ala.Civ.App.2007) (<HOLDING>). 3 . The record contains no valuation of any
holding that trial court cannot include retirement benefits in marital estate subject to property division absent proof of present value holding that although disability benefits cannot be included as part of the marital estate a court may consider the waiver of retirement pension benefits in favor of disability benefits in determining whether there has been a material change in circumstances which would justify modification of an alimony award to a former spouse who was previously awarded a fixed percentage of the retirement pension benefits holding trial court had no authority to award portion of the marital property to wifes children from another marriage even though money they received by way of social security benefits were commingled with the marital estate and used in part for the aequisition of marital property holding liabilities of community estate can be considered by trial court in making just and right division of marital estate holding that erisa benefits are not property of the estate