In a case that illustrates the proper considerations for awarding alimony, the Alabama Court of Civil Appeals recently presided over the case of Jonathan Patrick v. Morgan Patrick. Arising from the Madison Circuit Court in Madison County, Alabama, this case affirms the importance of complying with statutory requirements, while illustrating the complexities of marital property division and alimony.
In January 2023, Jonathan Patrick, the husband, filed for divorce with the wife, Morgan Patrick, subsequently filing a counterclaim. The trial court issued a judgment divorcing the parties in February 2024. Under the trial court’s judgment, the husband received sole legal and physical custody of their child, with the wife receiving supervised visitation. Additionally, the husband was ordered to pay both periodic and rehabilitative alimony, requiring him to pay $1,500 per month for three years.
Alimony in Alabama is governed by §30-2-57 of the Alabama Code. The section grants a court to award alimony after making express findings that a party lacks a sufficient separate estate to preserve the economic status quo of the marriage, the other party can supply those means without undue economic hardship, and the circumstances of the case make such an arrangement equitable. If rehabilitative alimony is feasible, the statute grants courts the authority to award rehabilitative alimony for no more than five years, absent extraordinary circumstances. If a court expressly finds that rehabilitative alimony is infeasible, or an effort at rehabilitation fails, the court may award periodic alimony for a set duration and amount to preserve the economic status quo of the marriage.
On appeal, the Court of Civil Appeals reviewed the judgment, with particular emphasis on the alimony award, to determine whether the required findings of §30-2-57 were properly and expressly made. Upon review, the Court found that the Circuit Court failed to make specific findings as to the length of the marriage, the economic status quo during the marriage, and the financial circumstances of both parties. In the absence of such findings, the Circuit Court failed to properly justify the alimony award, and the Court of Civil Appeals was unable to determine whether the alimony award was compliant with the statutory framework. Further, the lack of justification for the alimony award prevented the Court from properly reviewing additional issues raised in relation to the marital property division. Accordingly, the Court reversed the judgment, remanding the case with instructions for the trial court to make the necessary findings under §30-2-57 and reconsider the division of marital property.
The case of Jonathan Patrick v. Morgan Patrick illustrates the necessity of following proper protocol when dividing marital property. §30-2-57, within its statutory language, requires express findings to award alimony. In the absence of these findings, the alimony award is subject to reversal, and further division of marital property may be delayed, as alimony and marital property are intrinsically linked. The case stands as an important reminder of the complexities of marital property division, implicitly highlighting the need for an experienced lawyer when facing divorce and subsequent property division.
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