HB257 changes Alabama alimony rules by allowing interim alimony and interim fees in post-2018 divorce actions and establishing a structured approach to rehabilitative and periodic alimony.
It allows interim alimony in divorce, legal separation, or annulment actions filed after January 1, 2018 if the marriage remains valid, the spouse needs interim support, and the other spouse can pay; these awards may be retroactive to the filing date. It also authorizes judges to grant reasonable interim fees, costs, and litigation expenses (like discovery, experts, guardians ad litem, special masters, and attorney fees) to ensure both parties have access to marital property. Upon granting a divorce or legal separation, the court must award rehabilitative or periodic alimony based on specific factors, with rehabilitative alimony generally limited to five years unless extraordinary circumstances, or periodic alimony if rehabilitation isn’t feasible; alimony can be modified or terminated under defined conditions. The law applies to actions filed after January 1, 2018, with previous law controlling older cases.
Delivered to Governor at 9:40 a.m. on April 13, 2017.
Assigned Act No. 2017-164.
Clerk of the House Certification
Signature Requested
Enrolled
Passed Second House
Motion to Read a Third Time and Pass adopted Roll Call 545
Third Reading Passed
Read for the second time and placed on the calendar
Read for the first time and referred to the Senate committee on Judiciary
Motion to Read a Third Time and Pass adopted Roll Call 313
Third Reading Passed
Read for the second time and placed on the calendar
Read for the first time and referred to the House of Representatives committee on Judiciary
Source: Alabama Legislature