Michelle Morace Young v. Johnny Morris Young, Jr.

CourtCourt of Civil Appeals of Alabama
DecidedNovember 21, 2025
DocketCL-2025-0253
StatusPublished

This text of Michelle Morace Young v. Johnny Morris Young, Jr. (Michelle Morace Young v. Johnny Morris Young, Jr.) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michelle Morace Young v. Johnny Morris Young, Jr., (Ala. Ct. App. 2025).

Opinion

Rel: November 21, 2025

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is published in Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS OCTOBER TERM, 2025-2026 _________________________

CL-2025-0216 _________________________

Johnny Morris Young, Jr.

v.

Michelle Morace Young

_________________________

CL-2025-0253 _________________________

Appeals from Baldwin Circuit Court (DR-21-900077) CL-2025-0216 and CL-2025-0253

MOORE, Presiding Judge.

In appeal number CL-2025-0216, Johnny Morris Young, Jr. ("the

husband"), appeals from a judgment entered by the Baldwin Circuit

Court ("the trial court") divorcing him from Michelle Morace Young ("the

wife"). In appeal number CL-2025-0253, the wife cross-appeals from that

same judgment. In both appeals, we reverse the trial court's judgment

and remand the case for the trial court to make those findings necessary

to comply with Ala. Code 1975, § 30-2-57(a) and (b).

Procedural History

On October 25, 2024, the trial court entered a judgment divorcing

the parties. In the judgment, the trial court, among other things, divided

the parties' considerable marital estate and awarded the wife periodic

alimony. Regarding the alimony award, the divorce judgment provides:

"Due to length of marriage and adultery on part of the [h]usband, the

[h]usband shall pay to the [w]ife the total sum of $2,500.00 per month in

the form of periodic alimony until such time as the [w]ife remarries,

cohabitates, or dies or the [h]usband dies[,] whichever comes first."

On November 22, 2024, the husband filed a postjudgment motion.

He asserted, among other things, that, in awarding alimony to the wife,

2 CL-2025-0216 and CL-2025-0253

the trial court failed to comply with § 30-2-57. The wife also timely filed

a postjudgment motion. On December 15, 2024, a hearing was conducted

on the parties' postjudgment motions. On January 28, 2025, the wife's

counsel, as directed by the trial court, filed a proposed order on the

parties' postjudgment motions based on the trial-court judge's

statements at the December 15, 2024, hearing. On February 3, 2025, the

husband filed a response to the proposed order in which he asserted,

among other things, that he had "objected to the periodic alimony

[awarded] and [had] complained that the [trial court had] failed to comply

with [§] 30-2-57… in its award of alimony" and that "[t]he [trial court]

made no mention of that in its order"; the husband later submitted a

proposed order on the parties' postjudgment motions. On February 14,

2025, the trial court entered an order on the parties' postjudgment

motions in which it made certain amendments to the divorce judgment,

none of which addressed the alimony award.

On March 25, 2025, the husband filed his notice of appeal to this

court. On April 8, 2025, the wife filed her notice of cross-appeal. See

Rule 4(a)(2), Ala. R. App. P. This court entered an order consolidating

the parties' appeals ex mero motu.

3 CL-2025-0216 and CL-2025-0253

Issues

In his appeal, the husband argues, among other things, that the

trial court erred in awarding alimony to the wife without complying with

§ 30-2-57. The wife argues in her cross-appeal that the trial court's award

of alimony is inequitable.

Discussion

We find dispositive the husband's argument that, in awarding

alimony to the wife, the trial court failed to comply with § 30-2-57.

Section 30-2-57 provides, in pertinent part:

"(a) Upon granting a divorce or legal separation, the court shall award either rehabilitative or periodic alimony as provided in subsection (b), if the court expressly finds all of the following:

"(1) A party lacks a separate estate or his or her separate estate is insufficient 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.

"(2) The other party has the ability to supply those means without undue economic hardship.

"(3) The circumstances of the case make it equitable.

"(b) If a party has met the requirements of subsection (a), the court shall award alimony in the following priority:

4 CL-2025-0216 and CL-2025-0253

"(1) Unless the court expressly finds that rehabilitative alimony is not feasible, the court shall award rehabilitative alimony to the party for a limited duration, not to exceed five 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.

"(2) In cases in which the court expressly finds that rehabilitation is not feasible, a good- faith attempt at rehabilitation fails, or good-faith rehabilitation only enables the party to partially acquire the ability to preserve, to the extent possible, the economic status quo of the parties as it existed during the marriage, the court shall award the party periodic installments of alimony for a duration and an amount to allow the party to preserve, to the extent possible, the economic status quo of the parties as it existed during the marriage as provided in subsection (g)."

The husband argues that the trial court erred by failing to make

the express findings required by § 30-2-57. He cites in support of his

argument Patrick v. Patrick, [Ms. CL-2024-0286, Nov. 22, 2024] ___ So.

3d ___ (Ala. Civ. App. 2024), and White v. Jones, 397 So. 3d 569 (Ala. Civ.

App. 2024). In Patrick, this court reversed a divorce judgment entered

by the Madison Circuit Court that, among other things, ordered

Jonathan Patrick to pay to Morgan Patrick periodic alimony in the

amount of $1,500 per month "'for a period of thirty six (36) months or

5 CL-2025-0216 and CL-2025-0253

until the [payee] shall die, marry, or said rehabilitative alimony

terminates otherwise by law, whichever shall occur first. ' " ___ So. 3d at

___. Although neither party had argued that the judgment should be

reversed based on the Madison Circuit Court's failure to make express

findings as required by § 30-2-57(a) or (b), this court noted that " ' this

court has reversed a trial court's judgment and remanded the case for it

to enter … mandated findings as to a judgment … ex mero motu. ' " ___

So. 3d at ___ (quoting Merrick v. Merrick, 352 So. 3d 770, 775 (Ala. Civ.

App. 2021)). Because the divorce judgment at issue in Patrick did not

contain the express findings that § 30-2-57(a) requires to support an

award of either periodic alimony or rehabilitative alimony and, to the

extent that an award of periodic alimony was intended, omitted an

express finding that rehabilitative alimony was not feasible, as required

in § 30-2-57(b), this court reversed the judgment and remanded the case

for the entry of a new judgment in compliance with § 30-2-57. ___ So. 3d

at ___.

In White, the Mobile Circuit Court entered a judgment of divorce

that awarded $500 per month in periodic alimony for 180 months to

Kimberly K. Jones. 397 So. 3d at 570.

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Related

Ex Parte Vaughn
495 So. 2d 83 (Supreme Court of Alabama, 1986)

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Michelle Morace Young v. Johnny Morris Young, Jr., Counsel Stack Legal Research, https://law.counselstack.com/opinion/michelle-morace-young-v-johnny-morris-young-jr-alacivapp-2025.