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Rehabilitative vs. Periodic Alimony: The Necessary Findings

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At the heart of Etowah County, a recent case made its way to the Alabama Court of Civil Appeals, emphasizing the importance of strictly adhering to statutory requirements in divorce proceedings. This case, Nathan Wayne Jones v. Martha Dale Jones, illustrates this concept by analyzing of the alimony award in a divorce judgment and outlining the proper guidelines for awarding periodic and rehabilitative alimony.

Nathan Wayne Jones and Martha Dale Jones were divorced on December 7, 2023, after both parties had filed. The initial divorce judgment considered the length of the marriage, each party’s ability to be self-supporting, health, age, and the standard of living during the marriage, ultimately awarding the wife $1,250 per month in periodic alimony. However, the judgment did not include a determination that rehabilitative alimony was not feasible. The husband argued that this omission violated §30-2-57 of the Alabama Code, which provides periodic alimony as an option when the court expressly finds that rehabilitative alimony was infeasible.

On appeal, the Court emphasized that rehabilitative alimony is prioritized unless this option is unfeasible. Rehabilitative alimony is designed to support a spouse while they work toward becoming self-supporting and is intended as a temporary solution. The Court referred to the previous case of White v. Jones, which similarly emphasized the necessity of making specific findings to ensure periodic alimony is appropriate. This ruling solidified the court’s duty to consider rehabilitative alimony as an option before rejecting rehabilitative alimony in favor of periodic alimony. Accordingly, the judgment was reversed and remanded with instructions for the trial court to comply with the established standard, requiring the trial court to expressly rule out rehabilitative alimony before granting an award of periodic alimony.

Nathan Wayne Jones v. Martha Dale Jones illustrates the necessity of strict statutory compliance in divorce proceedings. The Alabama Code sets out guidelines for alimony in the interest of maintaining fairness and equity, highlighting the significance of compliance in protecting these interests. Divorce proceedings aim to result in equitable divisions of marital assets, reflecting the needs and contributions of both spouses during and after the marriage. In order to maintain this equitable balance, it is essential for courts to follow the established legislation and guidelines, creating fair and orderly outcomes.

If you have a Federal Criminal case, a State Criminal case, a Municipal Case or a Family Law case, contact Joe Ingram or Ingram Law LLC at 205-335-2640. Get Relief * Get Results.

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