Spousal Support / Alimony Modification

DISCLAIMER (Read Before Use)
This template is provided for informational purposes only and does not constitute legal advice. You must have this template reviewed and customized by a qualified attorney licensed in your jurisdiction before use. Confirm all facts, complete every [PLACEHOLDER], and verify the current Alabama Code and local court rules before filing. Do not use this template without professional legal review.

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ALABAMA

DOMESTIC RELATIONS DIVISION

Case No.: [CASE NUMBER] (DR–[YYYY]–[#####])

PETITION TO MODIFY / TERMINATE PERIODIC (OR REHABILITATIVE) ALIMONY

Effective Date of Original Decree: [__/__/____]
Type of Alimony Awarded (check one): ☐ Periodic ☐ Rehabilitative ☐ Alimony in Gross (lump-sum)

1. PARTIES AND JURISDICTION

1.1 Petitioner, [PETITIONER NAME], resides at [________________________________], [COUNTY] County, Alabama.

1.2 Respondent, [RESPONDENT NAME], resides at [________________________________].

1.3 This Court entered the Final Judgment of Divorce (the "Decree") between the parties on [__/__/____] and retains jurisdiction to modify the alimony provisions thereof pursuant to Ala. Code § 30-2-57(h). Venue is proper in [COUNTY] County.

2. THE EXISTING ALIMONY AWARD

2.1 The Decree requires [OBLIGOR — Petitioner / Respondent] to pay spousal support of $[____] per [month/week] to [RECIPIENT — Petitioner / Respondent], commencing [__/__/____].

2.2 The award is characterized in the Decree as: ☐ Periodic alimony ☐ Rehabilitative alimony ☐ Alimony in gross.

2.3 Additional terms (duration, step-downs, conditions): [________________________________].

2.4 Amount currently paid / arrearage, if any: $[____].

3. SUBSTANTIAL / MATERIAL CHANGE IN CIRCUMSTANCES

Under Ala. Code § 30-2-57(h), "[a]n order awarding rehabilitative or periodic alimony may be modified based upon application and a showing of material change in circumstances." Petitioner alleges the following material change(s), which is/are substantial, continuing, and not self-induced:

☐ Involuntary loss of employment or substantial reduction in the obligor's income (from $[____]/mo to $[____]/mo).
☐ Substantial increase in the obligor's income (from $[____]/mo to $[____]/mo), warranting an increase.
☐ Serious illness or disability of [Petitioner / Respondent] affecting earning capacity or need.
☐ Bona fide retirement of the obligor at a reasonable age ([____]).
☐ Decreased need of the recipient (new employment, inheritance, trust access, or other improvement in financial condition).
☐ Remarriage of the recipient — see Section 4 (mandatory termination under Ala. Code § 30-2-55).
☐ Cohabitation of the recipient with another individual as defined in Ala. Code § 30-2-55(a) — see Section 4.
☐ Other: [________________________________].

Supporting facts: [________________________________].

4. TERMINATION ON REMARRIAGE OR COHABITATION (Ala. Code § 30-2-55)

4.1 Ala. Code § 30-2-55(b) provides that "[a]ny 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."

4.2 Under § 30-2-55(a), "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."

4.3 Petitioner alleges (check if applicable):
☐ The recipient remarried on or about [__/__/____].
☐ The recipient is cohabiting with [________________________________] at [________________________________], as evidenced by [________________________________].

5. RELIEF REQUESTED

Petitioner respectfully requests that this Court:

☐ Decrease the periodic/rehabilitative alimony to $[____] per [month/week], effective [__/__/____].
☐ Increase the periodic alimony to $[____] per [month/week], effective [__/__/____].
☐ Terminate the alimony obligation effective [__/__/____] pursuant to Ala. Code § 30-2-55 (remarriage/cohabitation) or for material change.
☐ Suspend the alimony obligation during [________________________________].
☐ Grant such other and further relief as equity and justice require.

6. CURRENT FINANCIAL DISCLOSURE

6.1 Petitioner has filed (or files herewith) a current, sworn financial affidavit / statement of income and expenses, together with the two most recent pay stubs and the most recent federal income tax return, as required by local rule.

6.2 Petitioner requests that Respondent be ordered to file a corresponding current financial affidavit.

7. VERIFICATION

I, [PETITIONER NAME], being duly sworn, state that I am the Petitioner in this action; that I have read the foregoing Petition; and that the allegations are true and correct to the best of my knowledge, information, and belief.

______________________________
[PETITIONER NAME]
Date: [__/__/____]

STATE OF ALABAMA )
COUNTY OF [COUNTY] )

Subscribed and sworn to before me on this ____ day of __________, 20____.

______________________________
Notary Public
My commission expires: ___________

8. CERTIFICATE OF SERVICE

I hereby certify that I have served a copy of the foregoing Petition upon [RESPONDENT NAME / Respondent's counsel] at [SERVICE ADDRESS] by [hand delivery / U.S. mail, first-class postage prepaid / certified mail, return receipt requested / e-service via AlaFile] on this ____ day of __________, 20____.

Respectfully submitted,

______________________________
[ATTORNEY NAME] (ASB-[###]-[###])
Attorney for Petitioner
[FIRM NAME]
[STREET ADDRESS], [CITY], Alabama [ZIP]
Tel: [PHONE] | Email: [EMAIL]

Sources and References

• Ala. Code § 30-2-55 — Termination of Alimony Upon Remarriage or Cohabitation: https://law.justia.com/codes/alabama/title-30/chapter-2/article-3/section-30-2-55/
• Ala. Code § 30-2-57 — Rehabilitative or Periodic Alimony (modification on material change, § 30-2-57(h)): https://codes.findlaw.com/al/title-30-marital-and-domestic-relations/al-code-sect-30-2-57/
• Ala. Code § 30-2-56 — Alimony in gross (lump-sum; non-modifiable property settlement).
• Alabama Rules of Judicial Administration; local Circuit Court Domestic Relations rules.