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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. When spouses with large income differences separate, a lower-earning spouse may be unable to continue paying for normal living expenses. In that case, a court may require the higher earner to assist the lower earner. The support lasts for a period.
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. The court makes a permanent spousal support award based on several factors. These include income and earnings for each party. They also consider earning capacity, age and health, and each party’s obligations and assets. The duration of the marriage, needs based on living standards, and education are also factors. Job skills or occupation, too, are considered. The court deems other relevant and equitable considerations. 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 can 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. The party should consult an asset protection attorney about how the other spouse’s assets, such as inheritance, might be affected.
What is the waiting period to finalize a divorce in Huntsville, Alabama?
Alabama requires individuals seeking a divorce to observe a waiting period of at least 30 days before finalizing the divorce. This mandatory waiting period applies even in cases of uncontested divorces where both spouses agree on all relevant issues. The 30-day waiting period allows couples to try to 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, several key issues must be resolved by the spouses. These include:
1. Division of Marital Property: Alabama law requires spouses to divide their marital property equitably. 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 agree 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 grounds for divorce, it must be proven that the spouse left ‘from bed and board’ for at least one year before filing. If fault-based grounds are cited, the individual seeking divorce must provide sufficient evidence to support their claims in court.
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Frequently Asked Questions About Alimony in Alabama
What is alimony in Alabama?
Alimony, also called spousal support, is money that one spouse may be required to pay to the other spouse during or after a divorce. Its purpose is generally to address financial need and the economic circumstances created by the marriage and divorce.
Who can receive alimony in Alabama?
Either spouse may request alimony. Alabama spousal-support laws are gender neutral. The court generally considers whether one spouse has a financial need and whether the other spouse has the ability to pay support.
What types of alimony are available in Alabama?
An Alabama divorce may involve temporary alimony, rehabilitative alimony, periodic alimony or alimony in gross. The type, amount and duration of support depend on the circumstances of the marriage and the financial condition of each spouse.
What is temporary alimony?
Temporary alimony is financial support that may be ordered while a divorce case is pending. It can help a lower-earning spouse pay reasonable living expenses until the court enters a final divorce judgment.
What is rehabilitative alimony?
Rehabilitative alimony is intended to help a spouse become more financially independent. It may provide time to obtain education, job training, employment experience or other resources needed to improve earning capacity.
What is periodic alimony?
Periodic alimony generally consists of continuing payments from one former spouse to the other. The amount, duration and payment conditions are established by a settlement agreement or the court’s final divorce order.
What is alimony in gross?
Alimony in gross is generally a fixed financial award that may be paid in a lump sum or through a definite number of payments. Its legal treatment may differ from periodic alimony, so the language of the divorce judgment is important.
What factors do Alabama courts consider when awarding alimony?
Courts may consider each spouse’s income, earning capacity, financial needs, age, health, education, employment skills, assets, debts, standard of living, length of the marriage and other circumstances the court considers relevant.
Does the length of the marriage affect alimony?
Yes. The duration of the marriage can be an important factor. Longer marriages may present different support issues, particularly when one spouse has been out of the workforce or has a substantially lower earning capacity.
Can marital misconduct affect alimony in Alabama?
Marital conduct may be relevant in certain Alabama divorce cases, depending on the evidence, the grounds for divorce and the financial issues involved. An attorney can evaluate whether alleged misconduct may affect an alimony claim.
Can a husband receive alimony in Alabama?
Yes. Alabama alimony laws are gender neutral. A husband or wife may request support based on financial need, earning capacity and the other spouse’s ability to pay.
Can spouses agree on alimony without going to trial?
Yes. Spouses may negotiate an alimony agreement directly, through their attorneys or during mediation. The agreement should clearly state the amount, payment schedule, duration, termination conditions and whether the support may be modified.
Can alimony be modified in Alabama?
Some forms of alimony may be modified when there has been a legally sufficient material change in circumstances. Whether modification is available depends on the type of alimony, the divorce judgment, the settlement agreement and Alabama law.
What circumstances may justify modifying alimony?
A significant change in income, employment, health, financial need or ability to pay may support a request for modification. The spouse requesting the change generally must present evidence showing that the change is substantial and legally relevant.
Can unpaid alimony be enforced in Alabama?
Yes. When a former spouse fails to make court-ordered alimony payments, the recipient may ask the court to enforce the divorce judgment. Available remedies depend on the court order, the unpaid amount and the reasons for nonpayment.
When does alimony end in Alabama?
The termination of alimony depends on the type of award and the terms of the divorce judgment. Support may end on a specified date, after a certain number of payments, upon death, remarriage or another legally recognized event.
Does remarriage affect alimony in Alabama?
Remarriage may affect certain forms of alimony. The result depends on the type of support and the language of the divorce order or settlement agreement. A paying spouse should obtain legal advice before changing or stopping payments.
Can alimony be affected by cohabitation?
Cohabitation may affect certain periodic alimony obligations under Alabama law. Whether support may be changed or terminated depends on the facts, the evidence and the terms of the existing divorce judgment.
Should I stop paying alimony if I lose my job?
No. A paying spouse should not unilaterally stop making court-ordered payments. The proper step is generally to speak with an attorney and request a court-approved modification when a significant financial change has occurred.
How are assets considered in an Alabama alimony case?
The court may consider each spouse’s assets, debts, income-producing property, separate property and overall financial circumstances. The property awarded to each spouse during the divorce may also affect the need for alimony.
How does property division affect alimony?
Property division and alimony are separate but related financial issues. A court may consider the assets and debts awarded to each spouse when deciding whether support is necessary and whether the other spouse has the ability to pay.
How is a spouse’s earning capacity considered?
The court may consider more than a spouse’s current paycheck. Education, job skills, employment history, health, age and the ability to earn income may all be relevant when evaluating an alimony request.
Can a stay-at-home spouse receive alimony?
A spouse who remained at home to care for children or support the household may request alimony. The court may consider the spouse’s absence from the workforce, present earning capacity and the time needed to obtain education or employment.
Is alimony automatically awarded in every Alabama divorce?
No. Alimony is not automatic. The spouse requesting support must generally establish financial need, and the court must consider whether the other spouse has the ability to pay.
How much alimony will I receive or have to pay?
There is no single amount that applies to every case. The amount depends on the spouses’ income, expenses, earning capacity, assets, debts, length of marriage and other relevant circumstances.
How long does alimony last in Alabama?
The duration depends on the type of alimony, the length of the marriage, the recipient’s financial needs and the terms of the divorce order. Some awards are temporary, while others continue for a specified period or until a terminating event occurs.
Can alimony be paid in a lump sum?
Yes. Certain alimony or property-settlement obligations may be structured as a lump-sum payment or as a fixed number of installments. The legal consequences may differ from periodic alimony.
Can alimony be negotiated through mediation?
Yes. Mediation can help spouses negotiate the amount, duration and conditions of alimony without requiring the court to decide every issue at trial.
Can an alimony agreement be included in a prenuptial agreement?
A properly prepared prenuptial agreement may address whether alimony will be available and how it will be calculated. The enforceability of the agreement depends on Alabama law and the circumstances under which it was signed.
Can an alimony agreement be included in a postnuptial agreement?
A postnuptial agreement may address financial rights and responsibilities, including potential alimony. Its enforceability depends on the agreement’s terms, disclosure, fairness and compliance with Alabama law.
Does retirement affect alimony?
Retirement may affect a spouse’s income and ability to pay support. Whether retirement justifies modification depends on the timing, circumstances, reasonableness of the retirement and the terms of the existing alimony order.
Does disability affect alimony?
A serious illness or disability may affect a spouse’s financial needs, earning capacity or ability to pay. These changes may be relevant when alimony is initially determined or when a modification is requested.
Can an alimony order be appealed?
An alimony ruling may be appealed under certain circumstances. Appeals are subject to strict deadlines and legal standards, so a party considering an appeal should speak with an attorney promptly.
What financial documents are needed in an alimony case?
Relevant documents may include tax returns, pay stubs, bank statements, retirement-account statements, business records, mortgage statements, debt records, insurance information and a detailed list of monthly living expenses.
Can hidden income affect an alimony case?
Yes. If a spouse conceals income, assets or business revenue, financial discovery may be used to locate relevant information. Accurate financial disclosure is important when determining support.
Does child support affect alimony?
Child support and alimony are separate obligations, but both may affect the financial circumstances of the spouses. A court may consider existing support obligations when evaluating available income and ability to pay.
Is alimony taxable income?
The federal tax treatment of alimony depends in part on when the divorce or separation agreement was entered or modified. Because tax rules can change and individual circumstances differ, parties should consult a qualified tax professional.
Do I need an attorney for an Alabama alimony case?
An attorney is not legally required in every divorce, but alimony can have serious long-term financial consequences. An attorney can help identify income and assets, evaluate support claims, negotiate terms and present evidence to the court.
Where does Ferguson & Ferguson handle alimony cases?
Ferguson & Ferguson represents clients in Huntsville, Decatur, Madison, Athens, Moulton and surrounding communities throughout Madison County, Morgan County, Limestone County, Lawrence County and North Alabama.
How can I contact a Huntsville alimony lawyer?
Call Ferguson & Ferguson’s Huntsville office at 256-534-3435. The office is located at 303 Williams Avenue SW, Suite 321, Huntsville, Alabama 35801.
How can I contact a Decatur alimony attorney?
Call Ferguson & Ferguson’s Decatur office at 256-350-7200. The office is located at 211 Oak Street NE, Decatur, Alabama 35601.
This information is provided for general educational purposes and is not legal advice. Alabama alimony decisions depend on the specific facts of each case.
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