Alimony
In Alabama, courts sometimes use alimony to balance the needs of spouses following a divorce. The purpose of alimony is to maintain the economic status quo the parties enjoyed during the marriage, until the receiving spouse is able to become self-sufficient. Although alimony rarely allows a party to enjoy exactly the same financial position as before the divorce, alimony does enable many divorced individuals who earn less than their spouses to transition out of the marriage with less financial hardship. For this reason, it serves a very important role in the overall system of family law.
There are three basic categories of alimony that function as spousal support in Alabama. Periodic alimony is the classic concept of spousal support in which payments continue indefinitely until the obligation is modified by court order upon a showing of a material change in circumstances. By statute, the maximum length of time a party can receive periodic alimony is the length of the marriage, unless the parties were married 20 years or more, in which case there is no time limit.
Rehabilitative alimony is a form of support awarded to party for a period of time not to exceed five years. Unlike periodic alimony, rehabilitative alimony has a certain end-date and does not continue indefinitely. Its purpose is give the lower-earning spouse time to find more income and become financially independent. This form of transitional support is almost always of shorter duration and is typically limited to a period of several months or years.
Interim alimony is a form of support awarded to a party while the divorce or legal separation case is pending in the court system. An order of interim alimony can enable a spouse to gain equitable access to the marital estate for the purpose of pursuing or defending the action. Upon entry of a final order, the interim alimony order is terminated, and in many cases, it is ultimately replaced with an order of periodic or rehabilitative alimony.
Unlike child support, there is no mathematical formula to calculate how much alimony is appropriate in a divorce case in Alabama. And notably, alimony is not absolutely required. In determining an award of alimony, the court must consider a number of factors, including the length of the marriage, the individual assets held by each party, the marital property each party is receiving in the divorce, the respective incomes of the parties, the wage-earning potential of each party, the age and health condition of each party, the standard of living to which each party was accustomed to during the marriage, and the relative fault of each party for the breakdown of the marriage.
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Practically speaking, this means that an alimony case almost always invokes a broad analysis of sub-issues, but at the same time it can ultimately hinge on just one of the factors listed above. Whether you will be receiving or paying alimony, you need to present your best evidence on every single factor to protect your long-term interests and economic position coming out of a divorce. Our team is well-versed in the language of alimony and we are ready to thoroughly prepare and present your case to put you on the strongest financial footing possible going forward.
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We want to help. Set up a time to talk to us about your alimony issue today.
Davis Family Law, LLC | 1420 Government Street | Mobile, AL 36604
Phone: (251) 444-5332 info@davisfamlaw.com