After a divorce, one partner can seek alimony from the other (that is, in short, financial support). This is not to be confused with temporary support (or Pendente Lite) that a spouse can seek DURING the divorce proceeding, even if no children are involved. The whole purpose of such spousal support is to ensure the economic stability of the partner left in dire straits as a result of the separation. Here at Alabama Divorce & Family Lawyers, LLC, we aggressively defend the rights of clients in the surrounding areas (such as Shelby, Jefferson, and Madison counties, to name a few), as well as throughout the whole state of Alabama.
Our objective is not just to guide you through the divorce process, but also to ensure you come out the other side with some measure of financial security. That is why we take such an aggressive stance on the issue of alimony and spousal support; we’re veterans of countless divorce cases, but that hasn’t left us so jaded as to think the outcome of such cases cannot when all is said and done, still be fair.
There is no single answer to this question. The court takes into account several factors. However, two obvious but fundamental questions rest at the heart of the matter. First, how much does the party seeking alimony need, within reason? Second, what capacity does the party ordered to pay alimony have to meet those needs (in other words, income, expenses, etc.)? You may be surprised to know the court can also consider such variables as the age, gender, and health of the two spouses, the duration of the marriage, and whether or not there was any misconduct by one of the spouses during the marriage.
Factors that influence alimony are:
These are not all the factors the court will consider, but rather an example of some of the most commonly weighed.
Even when alimony is granted, awards are usually not permanent, but rather a set period of time. There is no legal right to alimony. Instead, the requesting spouse must show he or she qualifies for the support.
There are four basic kinds of alimony:
Alimony can be paid one of two ways: Through a lump sum payment, or via periodic installments. Lump sum payments are a one-time transfer of funds from one spouse to another that serves to fulfill any future support obligation. Alternately, periodic installments could be made monthly, quarterly or annually.
It’s worth pointing out that if the paying spouse dies, his or her new spouse and/or estate is not responsible for continuing payment of alimony. An award of alimony ends with the death of either former spouse.
The court does not monitor the compliance of its alimony order, but it will intervene if asked to do so by one of the parties involved. Failure to comply with an alimony order can result in a wide range of civil or criminal penalties ranging from garnished wages to fines, a bench warrant for the person’s arrest, and even jail time.
Yes, but the court must first find that material circumstances have changed enough to warrant such an alteration to the alimony order. There are many factors that go into this determination, and if you are interested in pursuing a modification to an alimony or spousal support order, you can learn more about the process and how we can help by contacting us for a free initial consultation.
Modification or Termination of Alimony
Most alimony payments are not permanent. However, even temporary orders can be modified or terminated by the court upon either request or certain circumstances.
Ala. Code Section 30-2-55 allows for the automatic termination of periodic alimony payments when there is proof the receiving party has either remarried or is living openly or cohabitating with another person with whom you are involved in a sexual relationship. The spouse seeking termination of these obligations must provide proof of this fact.
Beyond that, courts have discretion increase, reduce or terminate alimony based on a request by one party. Some grounds on which Alabama courts have ruled modification or termination of support was warranted:
Alimony is an amount of money that one spouse must provide to the other after a divorce and is specifically designed to help an individual transition from a marriage to becoming financially independent. When a couple divorces, a court in Alabama awards alimony to one party to support that party’s reasonable needs.
A party is determined to be in need of alimony based upon financial records that demonstrate the spouse cannot afford a reasonable cost of living based on their income. In determining whether to award alimony and the exact amount that should be awarded to a dependent individual, courts of law analyze many factors including marital misconduct.
If a court in Alabama learns that either spouse committed adultery during the course of the marriage and prior to the separation, a court is unlikely to award alimony. In cases where the supporting spouse cheated, a court will still determine how much money a spouse has left over each month after paying to reasonable bills.
In other situations where both spouses have cheated on each other during the course of the marriage, a court has some discretion in deciding how to award alimony based upon the circumstances. Courts in the state of Alabama are particularly likely to consider a spouse’s adultery when the adultery impacts the marital finances.
Courts analyze other factors in addition to extra-marital relationships when considering marital misconduct that affects alimony. Other situations that courts include in determinations of marital misconduct include abandonment of the other spouse, excessive use of alcohol or drugs by one spouse that created a substantial burden for the other spouse, criminal acts that led to the couple’s separation, cruel or barbarous treatment that endangered the life of the other spouse, indignities that rendered the condition of the other spouse intolerable, reckless spending of either party’s income, or the destruction of waste of either party’s assets.
In some situations, courts in Alabama might even review incidents that occurred after the couple separated if these events help determine events that happened during the course of the marriage. In analyzing these various factors, courts in Alabama determine what each party did and the length of time during which the acts were committed.
Special note should be made that many of the types of marital misconduct that influence alimony determinations also influence court’s decisions regarding custody. One of the most influential of these factors is whether a spouse has an active alcohol or drug addiction, which can greatly influence a court’s decision of whether a child is safe and subsequently can greatly influence issues of custody determination.
Whether you are seeking alimony payments, looking to avoid them or hoping to modify them, our experienced legal team will help to carefully research your case and work to represent your best interests.
$2,000 -FOR- 3 months
Many divorces can be completed in this time.
$10,000 -FOR- 1 year