Court May Not Order Life Insurance on Payor Spouse to Secure Periodic Alimony


Turney v. Turney, [Ms. 2201007, Aug. 19, 2022] __ So. 3d __ (Ala. Civ. App. 2022). While affirming the Madison Circuit Court’s judgment divorcing the parties and dividing the marital property, the court (Thompson, P.J.; Hanson and Fridy, JJ., concur; Moore and Edwards, JJ., concur in the result) reverses the order requiring him to maintain a life-insurance policy naming the wife as an irrevocable beneficiary “for so long as he owes a duty of periodic alimony.” Citing Lacey v. Lacey, 126 So. 3d 1029, 1034 (Ala. Civ. App. 2013), the court holds that “[a]lthough a trial court has discretion to award life insurance as a separate award for the benefit of the wife, … it cannot order the payor spouse to maintain a life-insurance policy to secure periodic alimony, which is an obligation that is terminable at death.” Ms. **43-44.

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