Understanding Spousal Support in Alabama
Spousal support (also known as maintenance or alimony) is an emotional issue in divorce. Since a spouse's bad behavior can be a factor in whether or not alimony is awarded in Alabama, it can also be a highly contested issue in court.
If you are facing divorce in the Birmingham area, I offer a no-obligation initial consultation for a minimal fee to discuss your situation and let you know whether alimony is likely to be an issue in your divorce.
When Is Spousal Support Awarded in Alabama?
Unlike child support, Alabama courts do not have guidelines that can tell you when spousal support is provided and how it is calculated. Instead, the courts use several factors, such as the length of the marriage, the recipient's ability to earn a living, the other spouse's ability to pay, and whether one of the parties engaged in bad behavior during the marriage. Different lawyers and different judges can interpret these factors differently. Therefore, you need a lawyer who can build a strong argument based on the facts of your case.
What Types of Spousal Support Are Available?
There are several different types of spousal support in Alabama, including:
- Temporary alimony to pay mortgage expenses, attorney fees and other expenses while your divorce is in process;
- Rehabilitative alimony that continues for one or two years while the person receiving it prepares to enter the job market;
- Periodic alimony that may continue for a longer period of time or until the recipient remarries; and
- Lump-sum alimony which provides a single payment in lieu of monthly payments.
Alimony is usually taxable income to the recipient and tax-deductible for the person paying it. You will need to consult with your tax advisor for specific information regarding your situation.
Do I have to ask for temporary alimony when I file for divorce?
Yes, the court will not award temporary spousal support on its own. Usually the court is asked to order the parties to continue to pay support and obligations in a similar manner as before the divorce was filed.
