4 Changes that Affect Family Law/Divorce Cases

Jessie Keating Hardy, Esq.

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CHANGE 1: Life Insurance Policy Court-Ordered to Secure Alimony Obligation

There is a recent case law development from the Alabama Court of Civil Appeals regarding the trial court’s authority to order a party to maintain life insurance to secure his/her periodic alimony to the other party. The Turney case clarifies that the trial court does not have the authority to require a party to maintain life insurance on his life to secure periodic alimony for the opposing party. Turney v. Turney, 2022 WL 17368821 (Ala. Civ. App., Dec. 2, 2022) “Thus, although a trial court has discretion to award life insurance as a separate award for the benefit of the wife, see Lackey, supra; Sellers v. Sellers, 893 So. 2d 456 (Ala. Civ. App. 2004); Bush v. Bush, 784 So. 2d 299, 300 (Ala. Civ. App. 2000); and Strong v. Strong, 709 So. 2d 1259 (Ala. Civ. App. 1998), it cannot order the payor spouse to maintain a life-insurance policy to secure a periodic-alimony obligation, which is an obligation that is terminable at the payor spouse's death. Lacey, supra. Therefore, in the Turney case, the trial court erred by ordering the husband to maintain a life-insurance policy for the benefit of the wife to secure his periodic-alimony obligation, and its judgment is reversed in this regard.”

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