How does alimony work in Alabama?

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Accepted Answer

Alabama alimony was substantially restructured by Act 2017-389, codified at Ala. Code § 30-2-57 and related sections, effective January 1, 2018.

1. Two Types of Alimony

Rehabilitative alimony — Alabama's default and preferred form. Designed to allow the recipient to acquire training/education for self-support.

Periodic alimony — long-term/indefinite alimony. Available only if the court finds that rehabilitation is not feasible.

2. Eligibility Threshold — § 30-2-57(a)

The court may award alimony only if it finds:

The party seeking alimony lacks a separate estate or has insufficient income to enable that party to maintain the standard of living established during the marriage; AND

The other party has the ability to supply that support.

3. Rehabilitative Alimony — § 30-2-57(c)

Presumed form of alimony

Court must determine the specific time period needed for rehabilitation

Maximum duration: 5 years, unless the court finds extended duration is justified

The court should award rehabilitative alimony unless it would be inequitable

4. Periodic Alimony — § 30-2-57(d)

Periodic alimony may be awarded only if the court finds that rehabilitative alimony is not feasible AND awarding periodic alimony is equitable. The court must make written findings.

5. Duration Cap on Periodic Alimony — § 30-2-57(d)(2)

The duration of periodic alimony shall not exceed the length of the marriage, EXCEPT where the marriage was 20 years or longer, in which case duration may equal or exceed the marriage length (potentially indefinite).

6. Statutory Factors

Court considers age, health, education, earning capacity, contributions to marriage, standard of living, and "all other matters that are equitable."

7. Adultery and Misconduct — § 30-2-52

The court has discretion to deny alimony if the divorce is granted on grounds of adultery or abandonment by the spouse seeking alimony. This is not an absolute bar but a strong discretionary factor.

8. Modification — § 30-2-55

Modifiable on a material change of circumstances.

9. Termination — § 30-2-55

Periodic alimony terminates upon:

Remarriage of the recipient

Cohabitation of the recipient with a member of the opposite sex

Death of either party

The cohabitation termination under § 30-2-55 is automatic upon proof of cohabitation — Alabama is one of the strictest cohabitation-termination states.

10. Tax

Federal TCJA applies — orders post-2018 are non-deductible/non-taxable.

This is legal information, not legal advice.