There are several factors divorce courts will examine to determine whether or not an individual qualifies for alimony in Alabama, including, but not limited to:
- The duration of the marriage;
- The standard of living that both of the spouses were accustomed to during their marriage;
- The age and health of the parties;
- The future employment expectations of both parties;
- The extent to which one of the parties reduced their income or career opportunities for the benefit of the family or the other party;
- The contribution one of the parties made to the education or the earning ability of the other party;
- Whether there were abnormal or excessive expenditures, concealment, destruction, or fraudulent arrangement of property;
- The respective faults and issues of each of the parties for the breakdown of their marriage;
- The actual damages and judgments from conduct that resulted in a criminal conviction of either of the spouses in which the other spouse or a child of the marriage was the victim;
- Any other factor that the court determines is equitable based on the facts and circumstances of the case.
These factors will likely be considered at the beginning of the divorce action if one of the parties has requested alimony payments.
How Much Alimony Can You Receive?
Alimony laws in Alabama have recently changed. In previous years, courts had discretion regarding whether to grant parties temporary, periodic, or permanent support in divorce cases.
Under the new laws, however, a court may still grant permanent support, but only in cases that meet strict guidelines. There are several types of alimony that may be granted, including:
- Interim support, or alimony pendente lite;
- Periodic alimony;
- Permanent alimony.
Interim support
Interim support, also called alimony pendente lite, is a temporary award that provides a party with monetary assistance while the divorce process is pending. In order to be eligible for this type of support, the petitioning party must show the court that:
- There is a need for support;
- The other party is able to provide the support;
- The marriage is valid.
Because a request for interim support can take some time, the court may make a temporary award retroactive to the date that the divorce was filed. Temporary support will terminate when the court issues a final divorce order.
Periodic Alimony
Periodic alimony is alimony that is paid on a weekly, bi-weekly, or monthly basis for a specific amount of time. The most common category of periodic alimony is rehabilitative support.
These are payments made to the lesser-earning spouse until that spouse can receive proper employment training, education, or skills to start in the workforce and become self-supporting. This type of support is provided in cases where one of the parties gave up their career to raise the family.
Currently, period alimony can only be granted in limited situations. The new Alabama laws provide that rehabilitative maintenance should be limited to five years.
If an individual can provide good cause to deviate from this rule, the court may award support up to the length of time the marriage lasted. In other words, if the parties were married for 10 years, periodic alimony would be limited to no more than 10 years, even if the receiving party can show that it is needed.
This means that, in most cases, the receiving party will be limited to 5 years of periodic support unless they can show a significant need to deviate from the rule. Even if they can show a need, there will still be a cap on the duration of the periodic alimony.
It is important to note that periodic alimony may not be granted for longer than the length of the marriage. However, there is an exception for parties who have been married longer than 20 years. In those cases, an individual may receive ongoing and permanent alimony.
However, the new guidelines provide a strong barrier to prevent continuing and endless support orders. For courts, the exception to the new rule provides that if the court determines that rehabilitation is not possible or there are other reasons for a deviation from the 5-year standard, it may deviate.
If the court decides to deviate, then it may grant support up to the same length as the divorcing couple’s marriage. It is important to be aware that there is no average alimony in Alabama because each individual case is unique to the parties involved.
Permanent Alimony
Permanent alimony was commonly applied previously. However, more courts are phasing this out, including Alabama.
Although it is rare, permanent alimony is still a viable option for some couples. This is especially true in cases where one of the spouses has a permanent disability or is too elderly to begin a career or become self-supporting.
As noted above, if a couple has been married for more than 20 years and the recipient can show a need for continued support, the court may grant permanent alimony.
How Long Does Alimony Last?
Typically, periodic alimony continues until the individual who is receiving the alimony:
- Remarries;
- Cohabitates with another individual;
- Becomes self-supporting.
Self-supporting means that the financial status of the individual receiving the alimony payments becomes higher than that of the individual who is paying alimony. In addition, alimony terminates upon the death of either the individual receiving the alimony or the individual paying alimony.
The duration of the alimony payments may also be based on a court order.
How Do You Petition for Alimony in Alabama?
In Alabama, an individual must petition the court to receive alimony by filing a motion for temporary support. In addition, the divorcing parties can agree regarding temporary support during the divorce.
How Is Alimony or Spousal Support Enforced in Alabama?
A court will not monitor compliance with an alimony order or Alabama spousal support. However, it will intervene upon the request of one of the parties involved. A party may fail to comply with an alimony order. In this case, it may lead to a wide range of civil or criminal penalties ranging from garnished wages to fines, a bench warrant for the individual’s arrest, and even jail time.
Can You Change an Alimony Order After a Divorce?
Yes, an alimony order may be changed after a divorce. The court must determine that material circumstances have been changed enough to warrant a modification to the alimony order.
There are many factors that go into making alimony determinations. If an individual feels they need to change their order, they should consult with a local attorney.
Where Can You Find the Right Lawyer?
If you need to request alimony in Alabama, need to modify an existing order, or simply have questions about the process, it is important to consult with an Alabama alimony lawyer. It may even be helpful to consult with an attorney prior to filing for divorce so you can know what to expect regarding receiving alimony payments.
Your lawyer can advise you of the updated laws in the state, whether or not you can expect to receive alimony payments and help you request them in court. In addition, your lawyer will represent you throughout the divorce process and help you make any future modifications to the order if they are needed.
