What are the Alimony Requirements in Alabama?

Alabama does not require alimony or spousal support during or after the divorce process. Alimony is viewed as a tool intended to support a dependent spouse while they find a source of income to support themselves. Temporary alimony may be awarded if support is needed during the divorce process.

To be eligible for alimony, the following conditions must be met:

  • The marriage was valid.

 

  • The support is needed.

 

  • The paying spouse must be able to offer support without undue hardship.

What are the Types of Alimony Offered in Alabama?

Several types of alimony may be considered. The type of alimony chosen will be based on the unique circumstances and situations of each case. 

  • Rehabilitative alimony: Alimony that is awarded on a short-term basis while the supported spouse pursues a career or education.

 

  • Periodic alimony: Temporary support that is awarded for a specific amount of time.

 

  • Alimony in gross: Alimony that is typically paid as a one-time lump sum payment and may be used to distribute assets evenly between the couple.

 

  • Permanent alimony: This type of alimony is awarded less often and is typically reserved for couples who have been married for a substantial amount of time, resulting in a significant need for financial support.

What Factors Are Used to Determine Alimony?

The State of Alabama does not offer a fixed rubric or calculation for determining the amount or type of alimony that will be considered. Alimony is determined by the requirements of the supported spouse and the ability of the paying spouse to provide the needed assistance.

When awarding alimony, a judge may consider the following factors:

  • The financial need of one spouse and the ability to pay by the other

 

  • How property is distributed and the value of each spouse’s estate

 

  • The length of the marriage

 

  • Marital misconduct by either spouse that led to the dissolution of the marriage

 

  • The earning ability of both spouses

 

  • Future earning prospects of both spouses

 

  • The age and health of both spouses

 

  • Other property owned by either spouse, including type, value, and source

 

  • The standard of living enjoyed by both spouses during the marriage

 

  • Other factors that the judge deems relevant

How Long is Alimony Awarded?

Depending on the length of the marriage and other factors, alimony is typically awarded for about five years.

Alimony payments stop, and the agreement is terminated in the following situations:

  • Death by either party

 

  • Cohabitation or remarriage by the supported party

 

  • Achievement of financial independence by the supported spouse

How Are Alimony Payments Enforced?

Violation and enforcement of alimony typically result in the paying spouse being charged with contempt of court. A supported spouse may file a petition with the court to find the responsible party in violation of the order and contempt of court and seek alternative penalties for the violation.

When Can Alimony Payments be Modified?

A modification to an existing order for alimony is typically not considered unless there has been a substantial and realistic change in either spouse’s life.

To modify an existing court-ordered alimony agreement, the court may consider any of the following factors:

  • Changes in employment and the reasons for those changes, such as misconduct on the job or demotion due to company downsizing

 

  • The inability of either spouse to maintain earning capacities, such as injury or disability

 

  • The amount of payments that have been made and how much longer until the payments will be terminated

 

  • The effort of the supported spouse to become financially independent

 

When a modification to alimony is requested through the court, there must be a material change in circumstances by either party. Examples of these changes include:

  • Remarriage of the paying spouse

 

  • An employment change of the supported spouse

 

  • A change in the financial situation of either spouse

 

  • A significant event that increases or decreases the ability to make payments

 

  • A significant change in health, education level, or age by either spouse

 

  • The length of time between the initial award for alimony and the request to modify it

 

Other situations in which a request for modification may be necessary include:

  • Mutual agreement: Both spouses may agree that the supported spouse’s financial status has improved, and the payments can be terminated.

 

  • Change in income: The paying spouse may request a change in support if there has been a significant change in income, like job loss. However, if the paying spouse has a substantial increase in income, then a petition may be made for increased payments.

 

  • Remarriage or cohabitation: Typically, the paying spouse’s obligations end when the supported spouse remarries or cohabitates with a partner.

 

How to Protect Interests Regarding Alimony?

Protecting financial interests during and after a divorce is crucial, and that extends to alimony payments. 

Protections for alimony recipients to consider include:

  • Gather extensive and complete financial documents, including income statements, tax returns, bank statements, investment accounts, and other assets or liabilities.

 

  • Understand financial needs regarding current and future needs, living expenses, healthcare, education, and retirement savings.

 

  • Long-term financial planning is needed to establish goals and determine how alimony can assist in achieving those goals.

 

Protections for alimony payors to consider include:

  • Complete financial disclosure, including income, liabilities, and obligations.

 

  • Proactive negotiation is needed to engage in the process and understand financial limits as well as legal obligations.

 

  • Plan for future changes that affect the ability to pay, such as retirement and other health issues.

 

Do You Need an Attorney?

If you or a loved one is having difficulty navigating the complexities of alimony and have experienced a change in financial situation, you deserve legal help, are familiar with this landscape, and are ready to fight for your needs. Call The Rose Law Firm, LLC, today at 205-858-9224 or fill out a contact form to schedule your free case evaluation.