DENTON v. DENTON (2023)

Christopher Denton (“the husband”) appeals from a judgment divorcing him from Lorie Denton (“the wife”) that was entered by the Calhoun Circuit Court (“the trial court”) on November 14, 2022. The husband challenges the judgment insofar as it divides the marital property and awards alimony to the wife. We see no need for a discussion of the procedural posture of this case: as the husband notes in his appellant's brief and the wife concedes in her appellee's brief, the trial court failed to make the specific findings regarding an alimony award that are required under Ala. Code 1975, § 30-2-57. As this court has repeatedly held, a trial court must make the statutorily required findings in support of an award of either rehabilitative alimony or periodic alimony so that this court can evaluate the evidence in light of the type of alimony awarded, which should be clearly stated, and the factors pertinent to that type of alimony. See Friend v. Friend, [Ms. CL-2022-0952, Apr. 28, 2023] ––– So. 3d –––– (Ala. Civ. App. 2023); Cason v. Cason, [Ms. 2210227, Dec. 16, 2022] ––– So. 3d –––– (Ala. Civ. App. 2022); and Merrick v. Merrick, 352 So. 3d 770 (Ala. Civ. App. 2021). Because the trial court failed to comply with the requirements of § 30-2-57 by not making the express, statutorily required findings after considering the various factors described in that Code section, we cannot determine the propriety of the alimony award. Accordingly, we reverse the judgment as to the alimony award, and we remand the case to the trial court for it to enter a judgment that complies with § 30-2-57. Further, because the issues of alimony and the division of marital property must be considered together, see, e.g., Friend, supra, we also reverse the judgment to the extent that it divides the marital property, so that any alimony award may be considered along with the division of the marital property. See id.

REVERSED AND REMANDED WITH INSTRUCTIONS.

EDWARDS, Judge.

Thompson, P.J., and Moore, Hanson, and Fridy, JJ., concur.