Alimony

DECATUR AL ALIMONY ATTORNEY

Huntsville Alimony Lawyer

Alimony attorneys in Madison, Morgan, Lawrence and Limestone Counties and the surrounding areas.

Alimony is money one spouse pays to the other for support, either during or after a divorce. Alimony is intended to preserve the economic status of both parties as it existed during the marriage. It can be awarded in a lump sum (alimony in gross) or as periodic payments for a determined period of time. When spouses with large differences in income separate, a lower-earning spouse may be unable to continue paying for normal living expenses, in which case a court may require the higher earner-whether that’s the husband or the wife-to assist the lower earner financially for at least some period of time.

Types of Alimony Available in Alabama

During the duration of a divorce action, one spouse may be ordered to pay the other spouse temporary spousal support. The right to spousal support is gender neutral; both husbands and wives are entitled to spousal support depending on their financial circumstances. The purpose of temporary spousal support, or alimony, is to provide the spouse seeking support with sufficient income for their basic needs and to ensure that their lifestyle will be able to remain consistent after the divorce.

Upon conclusion of the divorce action, the Court may award permanent spousal support. Permanent alimony was once common but is becoming increasingly rare. A permanent spousal support award is made on the basis of several factors, including but not limited to: each party’s income and earnings; earning capacity; age and health of the parties; obligations and assets of each party; duration of the marriage; needs of each party based on the standard of living established during the marriage; education, job skills or occupation of each party, and other factors that the Court deems relevant and equitable. Permanent alimony is generally reserved for older spouses who have served as homemakers during long marriages. A couple can also agree between themselves to provide one spouse with long-term or permanent alimony.

Eligibility for Alimony in Alabama

To award alimony, a court must find that one spouse has financial needs and the other has the ability to pay. A court will look at all of the relevant circumstances in a particular case. One of the biggest factors an Alabama court will consider is the length of a marriage. In evaluating a spouse’s need, a court will first consider the extent to which separate assets, or any marital assets the spouse receives in an equitable property division, may provide a sufficient means of support without an alimony award. The court will review the ability of a higher-earning spouse to pay alimony. The court will generally not consider as part of the paying spouse’s assets any property the spouse owned before marriage or acquired by gift or inheritance unless the property was used by the couple as a source of income during the marriage. An asset protection attorney may need to be contacted to see what may happen to the other spouse’s assets, such as inheritance, family trusts, etc., and then discuss whether they can be protected from divorce proceedings.

What is the waiting period to finalize a divorce in Huntsville, Alabama?

In Alabama, individuals seeking a divorce must adhere to a waiting period of at least 30 days before the divorce can be finalized. This mandatory waiting period applies even in cases of uncontested divorces where both spouses agree on all relevant issues. The purpose of this 30-day waiting period is to provide couples with an opportunity to potentially reconcile before the divorce is officially processed and finalized.

What issues must be resolved for a court to grant a divorce in Alabama?

Before a court in Alabama will grant a divorce, there are several key issues that must be resolved by the spouses. These include:

1. Division of Marital Property: Alabama law requires spouses to divide their marital property in an equitable manner. The fair division of property, assets, and debts based on the circumstances of the marriage is essential for the court to consider the divorce.

2. Child Custody and Child Support: If the spouses have children, they must address matters such as custody and financial support for the well-being of the children involved.

3. Spousal Support: Spousal support, also known as alimony or maintenance, may need to be agreed upon to address any financial disparities between the spouses resulting from the divorce.

Spouses may come to an agreement on all these issues and file for an uncontested divorce. In cases where agreement is initially challenging, attorneys or mediation can help facilitate a compromise. However, if spouses cannot cooperate on one or more issues, the matter may need to be resolved in court, with a judge making the final decision.

What are the grounds for divorce in Alabama?

In Alabama, there are two main categories of grounds for divorce: no-fault and fault-based. No-fault grounds include the irretrievable breakdown of the marriage or incompatibility. These no-fault grounds do not require specific proof of wrongdoing to dissolve the marriage. On the other hand, fault-based grounds for divorce in Alabama include abandonment and other types of misconduct. To cite abandonment as a grounds for divorce, it must be proven that the spouse left ‘from bed and board’ for at least one year prior to filing. If fault-based grounds are cited, the individual seeking divorce must provide sufficient evidence to support their claims in court.

Why hire Huntsville alimony attorneys at Ferguson and Ferguson?

Setting up a family law appointment with our office is easy. We understand that right now may be a difficult time for you and your family, and that is why we believe it is important to speak with an attorney right away. We have offices conveniently located in downtown Huntsville and Decatur. Call now. Call 256-534-3435 or 256-350-7200.

Huntsville Office Location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801

Decatur Office Location:
211 Oak Street, NE
Decatur, AL 35601