SB213 Alabama 2017 Session

Summary

Primary Sponsor

Linda Coleman-MadisonSenator

Democrat

Session

Regular Session 2017

Title

Alimony, interim, rehabilitative, and periodic awards of, authorized under certain conditions, applicable after January 1, 2018.

Summary

SB213 creates interim alimony in certain Alabama divorce actions after January 1, 2018 and sets rules for rehabilitative or periodic alimony, including how payments are decided, modified, and ended.

What This Bill Does

Allows interim alimony in divorce, legal separation, or annulment filings after Jan 1, 2018 if marriage remains valid, there is a need for support, and the other spouse can pay; the interim award can be retroactive to the filing date. Allows judges to award reasonable interim fees, costs, and litigation expenses to help both parties access marital property. Requires courts to award rehabilitative or periodic alimony after a divorce or separation, using specified factors, with a priority order and rules for modification and termination. Applies only to actions filed after Jan 1, 2018; pre-2018 cases stay under current law.

Who It Affects

• Spouses who file for divorce, legal separation, or annulment after January 1, 2018 and may receive interim alimony and rehabilitative or periodic alimony if criteria are met.
• Other party's financial resources and legal representatives (e.g., attorneys, guardians ad litem, expert witnesses) who may be required to pay interim alimony or interim fees/costs or receive payment from marital property.

Key Provisions

• Interim alimony may be awarded if the spouse maintains the marriage, needs support, and the other spouse can pay; retroactive to filing; may be terminated or modified before final judgment for good cause; emergency modification allowed.
• Interim fees, costs, and expenses may be awarded from marital property or current income to ensure equitable access to marital property; such awards are considered in the final order.
• Upon divorce or legal separation, the court must award rehabilitative or periodic alimony based on factors like separate estate, ability to pay, and equity; rehabilitative alimony is preferred and limited to up to five years unless extraordinary circumstances; if rehabilitation is not feasible, periodic alimony may be awarded to preserve the economic status quo.
• The award of rehabilitative or periodic alimony is subject to modification for material change in circumstances and to termination upon death or as otherwise provided; the length of periodic alimony generally not exceeding the length of the marriage unless the marriage lasted 20 years or more.
• The act applies to actions filed on or after January 1, 2018; actions filed before that date remain governed by existing law.

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