Experienced Alimony Representation | Alabama law provides for an award of alimony in certain circumstances. An award of alimony is in the sole discretion of the Court and unlike child support, there is no formula to determine how much alimony a spouse should pay or receive as alimony or spousal support. Median income families may consider alimony as a means of support for the lower-earning spouse. Higher-income families may consider alimony as a means of maintaining a standard of living for the lower-earning spouse.
Alabama recognizes three types of alimony:
- Periodic alimony is a monthly sum paid to the lower-earning spouse for an indefinite period of time. Periodic alimony is modifiable based on a material change in circumstances and terminates automatically on the death of either spouse or the remarriage or cohabitation of the spouse receiving alimony. Periodic alimony may also be terminated by court order in a modification proceeding.
- Rehabilitative alimony is a monthly sum paid to the lower-earning spouse for a fixed period of time. The obligation to pay rehabilitative alimony terminates upon the expiration of a specified term.
- Alimony in gross is one lump sum payment and is not modifiable.
Some factors the Court will evaluate when considering an award of alimony or spousal support include:
- The length of the marriage.
- The standard of living during the marriage.
- The future prospects of employment for the lower-earning spouse.
- The age and health of each party.
- The conduct of the parties during the marriage.
- The income of each party.
To modify an award of alimony, the party seeking the modification must file a petition with the Court asking for a modification. The Court will then set the case for trial and the parties will either negotiate a settlement or have a trial.
To discuss the specifics of your case, contact us at 205-469-7913 to schedule a consultation.