HB330 Alabama 2016 Session

Updated Feb 26, 2026

Notable

Summary

Primary Sponsor: Mike Jones
Republican
Session: Regular Session 2016
Title: Alimony, interim, rehabilitative, and periodic awards of, authorized under certain conditions, applicable after January 1, 2017.
Summary: HB330 would allow interim alimony in Alabama divorce-related cases and establish rules for rehabilitative and periodic alimony, effective for actions filed after January 1, 2017.
What This Bill Does
Courts could award interim alimony in divorce, legal separation, or annulment cases filed after January 1, 2017 if the marriage remains valid, the recipient needs support, and the other spouse can pay. Courts could also award interim fees and costs to help both sides access assets and pursue or defend the case. After final judgment, courts would award rehabilitative or periodic alimony based on specific factors, with rules on duration, modification, and termination.

Who It Affects
Spouses seeking financial support during divorce, legal separation, or annulment who may be eligible for interim alimony and, later, rehabilitative or periodic alimony.
Spouses who may have to pay alimony or interim fees and costs, with the court considering their ability to pay and potential for modification or termination.

Key Provisions
Interim alimony may be awarded in actions filed after January 1, 2017 if the marriage is valid, the recipient needs interim support, and the other spouse can pay; the award can be retroactive to the filing date.
Courts may award reasonable interim fees, costs, and litigation expenses (e.g., discovery, expert witnesses, guardians ad litem, special masters, attorney fees) from marital property or current income to ensure equitable access to pursue or defend the action.
Interim alimony can be terminated or modified before final judgment for good cause; emergency orders may be issued or modified without notice under certain rules, with a hearing to follow.
Interim alimony automatically ends upon final judgment, dismissal, or abatement of the proceeding, with limited ongoing jurisdiction during pending appeals and the right to recover arrearages or overages.
Upon divorce or legal separation, the court must consider awarding rehabilitative or periodic alimony based on whether the party lacks sufficient separate estate, the other party can provide support without undue hardship, and the circumstances are equitable.
Rehabilitative alimony is the default where feasible and lasts up to five years unless there are extraordinary circumstances; if rehabilitation isn’t feasible, periodic alimony may be awarded for a period and amount to preserve the economic status quo.
If there is a lack of means to preserve the status quo but the other party cannot currently provide support, the court may reserve jurisdiction to award rehabilitative or periodic alimony; without an award or reservation, the court loses jurisdiction later.
Eligibility and amount for alimony consider assets, income, earning capacity, custody, education, health, and other relevant factors; duration and amount also depend on marriage length, standard of living, and other equitable considerations; periodic alimony may last for the marriage length unless exceptions apply and can be modified for a material change in circumstances.
Rehabilitative or periodic alimony terminates upon death or as otherwise provided by law, and may be modified for material changes in circumstances; applies to actions filed after January 1, 2017, with older cases governed by previous law.
The act becomes effective January 1, 2017, and does not alter alimony rules for actions filed before that date.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Family Law