Birmingham Alimony Lawyer
Our attorney’s are experienced in helping clients through the divorce process in Alabama. If you are seeking or opposing alimony, also known as spousal maintenance, spousal allowance, or spousal support, in your divorce, Peeples Law will diligently represent your interests, fighting to see that you are treated fairly and that your needs are met. Call a Birmingham alimony lawyer at Peeples Law to discuss the issue of alimony in your divorce.
What is Alimony?
Alimony is a payment ordered by the court, where one divorcing spouse provides support to the other spouse during or after the divorce. Gone are the days when a judge would order the husband to pay alimony to the wife in every divorce. Today, either spouse seeking alimony must make an appropriate motion in court and prove their need for alimony as well as the other party’s ability to pay. The spouse being asked to pay alimony can bring in evidence and argue why he or she should not be required to pay alimony.
Factors That Determine Alimony in Alabama
Unlike child support, Alabama does not have any guidelines or formulas to determine an appropriate amount of alimony. Whether or not alimony is awarded, as well as how much and for how long, are decided based on the requesting party’s need for support and the other party’s ability to pay. Rather than apply a statutory formula to determine the appropriate amount of alimony, as is done with Alabama child support, judges in a divorce will base their decision on a series of factors, including:
- The duration of the marriage
- How the parties’ marital property is divided in the divorce
- Any separate property owned by the parties
- The age and health of each party
- Earning potential of either party
- The standard of living that was established during the marriage and potential for maintain that standard
- Any contributions one party made toward the other’s education or career during the marriage
- If the divorce is based on fault such as adultery or cruelty, the degree of fault involved in causing the divorce
The judges apply these factors to the testimony and evidence presented in court. Some factors are fairly objective and easy to determine, while others may be more complex. Peeples Law can help by gathering all appropriate evidence and make compelling arguments on how certain factors should be considered and weighed in the alimony determination.
What Types of Alimony Can Be Granted in an Alabama Divorce
In making an alimony award, Alabama judges choose among different types of alimony, depending on the purpose of granting alimony and how long it should last. The different forms of alimony in Alabama are:
Alimony Pendente Lite – The judge can order one party to pay maintenance or support to the other party while the divorce proceeding is ongoing. This way, non-working spouses can continue to pay expenses as was historically done during the marriage OR can continue to provide for themselves during the pendency of the divorce. Pendente lite alimony lasts until the divorce is finalized.
Rehabilitative Alimony – If a party needs a shorter amount of time and resources to acquire job training, education, skills or experience to be self-sufficient, the judge can award alimony to meet this need.
Periodic Alimony – If the parties are separating after a long-term marriage, the judge might deem it appropriate to order alimony to be paid for a long duration of time.
Get Help With Alimony in Your Divorce
Alimony can have a big impact on your life during and after a divorce. If you are seeking or opposing an initial alimony award, post-divorce modification or termination of alimony, call Peeples Law in Birmingham at 205-403-5577. We have a team of experienced Birmingham alimony lawyers who are skilled in helping people through their divorce, including high-asset divorce cases with a great deal of finances at stake. Count on Peeples Law to handle your divorce with compassion, skill, and dedication.