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Birmingham Bar Association - Bulletin Fall 2017

Family LAw masters, and attorney fees, to enable each party to have equitable access to the marital property to pursue or defend the action.” Th e second section of Public Act 2017-164 provides that a trial court may award rehabilitative or periodic alimony when it makes an express fi nding that a party has an insuffi cient separate estate to maintain the status quo of the parties during the marriage, the paying spouse has the ability to pay, and the circumstances of the case make an award of alimony equitable. Th e determination of whether the above conditions exists is to be based on all relevant evidence and a number of equitable factors identifi identififi ed in the Act. Th ThTh e new alimony law provides that “““unless the court expressly fi fifi nds that rehabilitative alimony is not feasible, the court shall award rehabilitative alimony to the party for a limited duration, not to exceed fifi fi ve years, absent extraordinary circumstances, of an amount to enable the party to acquire the ability to preserve, to the extent possible, the economic status quo of the parties as it existed during the marriage.”marriage.”” When rehabilitation is not feasible, good faith attempts to rehabilitate fail, or good faith rehabilitation enables a party to partially acquire the ability to preserve the economic status quo of the parties during the marriage, the Act provides that the court shall award the party periodic installments of alimony for a duration and amount to allow the party to preserve the economic status quo of the parties. Moreover, the Act requires a court to reserve the issue of alimony when a party has demonstrated a lack of ability to preserve the status quo of the parties during the marriage, the other party has an inability to supply those means, and the circumstances of the case make it equitable to reserve the issue of alimony. Finally, section three makes clear that Public Act 2017-164 only applies to cases fi led on or after January 1, 2018. Accordingly, cases pending prior to January 1, 2018 will be decided in accordance with the law and equitable principals in eff ect prior to January 1, 2018. Th is article is not intended to be an exhaustive explanation of the new changes in law, and readers are encouraged to review Public Act 2017-164. Although Public Act 2017-164 will likely be codifi ed as Ala. Code § 30-2-56 and Ala. Code §30-2-57, we currently recommend reviewing the text of Public Act 2017-164. G Every child matters, every gift matters THE POWER OF A CHILD It was apparent early on that Tucker was going to need the help of the entire team at the Pediatric & Congenital Heart Center of Alabama if he were to have any hope for survival. Through the power of highly skilled pediatric cardiothoracic surgeons and all that modern medicine has to offer, Tucker is now a healthy little boy with a bright future ahead. You know your clients have the power to help a child through their philanthropy. A gift of insurance, stock or a portion of an estate 01 A8281904-to Children’s of Alabama ensures that world-class medical care continues to be available for the next generation and for those to come. Planned giving director Chris Theriot is ready to answer your questions regarding planned gifts to Children’s and how they can have the most impact for our patients and your clients. For information, contact: Chris Theriot Director of Development Grants and Planned Giving 205.638.6241 chris.theriot@childrensal.org Need More Exposure? To market your business and reach a quality audience...contact Eddie Graves egraves@acsal.com 205.999.7315 for more information about getting your message into this and other publications. A8168261-01 Birmingham Bar Bulletin/ Fall 2017 21


Birmingham Bar Association - Bulletin Fall 2017
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