HB409 Alabama 2010 Session

Summary

Primary Sponsor

Greg Wren

Republican

Session

Regular Session 2010

Title

Alimony, provision for termination if recipient remarries or cohabitates with person of opposite sex, application to divorce decrees prior to effective date of statute, deleted, language deleted regarding no requirement for reimbursement of alimony received, Sec. 30-2-55 am'd.

Summary

HB409 would terminate alimony when the recipient remarries or openly cohabits with an opposite-sex partner, apply this rule to all divorce decrees (including those before 1978), and remove the requirement to reimburse alimony already paid.

What This Bill Does

The bill requires courts to modify alimony decrees to end periodic alimony if the recipient remarries or cohabits with someone of the opposite sex, applicable to any divorce decree regardless of date. It removes the previous limitation that only certain decrees were covered and eliminates the reimbursement requirement for alimony already received. It becomes effective on the first day of the third month after passage and the Governor's approval.

Who It Affects

• Ex-spouses who pay alimony: their ongoing alimony obligations could end sooner if the recipient remarries or cohabits; past payments would not have to be reimbursed.
• Ex-spouses who receive alimony: their alimony could be terminated upon remarriage or cohabitation; they would not have to repay alimony they already received.

Key Provisions

• Amends Section 30-2-55 to allow termination of alimony upon remarriage or open cohabitation with an opposite-sex partner, upon court petition.
• Extends applicability to all divorce decrees, whether granted before or after April 28, 1978, and clarifies that alimony already received does not have to be reimbursed.
• Sets the effective date as the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Family Law