Brief Fact Summary. Appellant alleged that Alabama’s alimony statute was unconstitutional because it provided that husbands, but not wives, may be required to pay alimony upon divorce.
Synopsis of Rule of Law. The Alabama statute is unconstitutional because it is not rationally related to the legitimate state objectives proposed for the statute.
Facts. William, appellant, and Linda Orr, appellee, were issued a final decree of divorce on February 26, 1974, with appellant ordered to pay appellee $1,240 per month in alimony. On July 28, 1976, appellee initiated a contempt proceeding against appellant alleging he was in arrears in his alimony payments. Appellant alleged in his defense that Alabama’s alimony statute should be declared unconstitutional.
Issue. Is Alabama’s alimony statute, which provides that husbands, but not wives, may be required to pay alimony upon divorce constitutional?