Public-domain · open source
OpenJurist

Ala. Code § 30-2-55

Termination of Alimony Upon Remarriage or Cohabitation with Another Individual.

Applied in 10 court decisions — leading case Keller v. O'Brien (1997)

Most recently applied in Coon v. Henderson (In re Coon) (November 2014)

(Acts 1978, No. 596, p. 718; Acts 1979, No. 79-241, p. 368; Acts 1981, No. 81-155, p. 179; Act 2022-430, §1.)

How often courts cite this section

1980199020002010201420
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) For the purposes of this section, “cohabiting” means the act of two adults dwelling together continually and habitually in a private heterosexual or homosexual relationship, even if the relationship is not solemnized by marriage, evidenced by the voluntary mutual assumption of those marital rights, duties, and obligations that are usually manifested by married individuals, and which include, but are not necessarily dependent on, sexual relations.

(b) Any decree of divorce providing for periodic payments of alimony shall be modified by the court to provide for the termination of the alimony upon petition of a party to the decree and proof that the spouse receiving alimony has remarried or that the spouse is cohabiting with another individual.

Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.