No representation is made that the quality of legal services provided is greater than the quality of legal services provided by other lawyers. Permanent or periodic alimony creates an everlasting connection between two … Below you will find some of the most common questions we receive from clients at Bouloukos, Oglesby, & Mitchell. In a divorce proceeding, a judge will divide their marital property in what he or she believe to be an equitable split. In Alabama, alimony payments end after that time has expired, if either spouse dies, or if the spouse who receives payments remarries or moves in with another individual. Whether you are receiving or paying, this type of alimony is not indicative of what payments will be required after the divorce is … Never miss a beat with MailOnline's latest news for women. Payments made by one spouse to another after divorce goes by many names: alimony, spousal support, and spousal maintenance to name a few. Alimony in Gross In Alabama, alimony may be paid as a lump payment at the dissolution of the marriage and works much in the same way as the division of joint assets. Excessive or abnormal expenditures, destruction, concealment, or fraudulent arrangement of property. The attorneys at Sheffield and Lentine work diligently to thoroughly understand our client’s unique case and circumstances, and to ensure the best possible results for our clients. The court will consider the following when awarding alimony: Following a legal separation or a divorce, family law courts in Alabama have the discretion to award alimony. As a preliminary matter, a domestic relations judge shall award alimony only if they find all the following: To determine whether one party’s estate is insufficient to maintain the economic status quo of the marriage, and whether the other party has the ability to pay alimony without undue economic difficulty, the courts look to several factors outlined by Alabama law. By Snyder Sarno D'Aniello Maceri & da Costa LLC on May 18, 2020 Alimony is intended to maintain the economic status quo for the dependent spouse that was experienced during the marriage. In Alabama, periodic alimony is governed by Alabama Code section 30-2-57. Alabama has a six-month residency requirement to file for divorce, and a 30-day waiting period before a divorce can be final. For a judge in a divorce proceeding to appropriately determine whether an award of alimony is equitable, the court looks at all the relevant factors, which include: A less common form of alimony awarded by Alabama divorce courts is alimony in gross. What this means in practice for a Montgomery couple going through a split is that alimony is not automatic, but many people do have circumstances which would make them good candidates to receive it. The other party has the ability to make payments that allow the other party to enjoy the lifestyle that existed during the marriage without undue financial hardship. Governor Ivey signed HB 257, now codified in Ala. Code § 30-2-57, which gives trial courts the discretion to avoid periodic alimony. Alabama Governor Kay Ivey signed HB257 into law April 13, 2017. Rehabilitative alimony includes payments lasting five years … Divorcing spouses in Alabama should be familiar with the different types of alimony available, which include: Pendente lite (or temporary alimony) is alimony awarded by a judge to the lower-paid spouse during divorce proceedings. Alimony may be modified. Alimony in gross is not used to provide future support of one party. In addition, Alabama courts award permanent alimony only if the marriage lasted more than 20 years. Alabama law gives judges a lot of discretion (leeway) in making this decision, and no one is entitled to a jury trial on this issue. It is often used to divide the proceeds from the sale of a family home or to split up a joint bank account and stock holdings. On behalf of Jones, Hawkins, & Associates, LLC | Oct 23, 2020 | Spousal Maintenance/alimony. Alimony in gross is a lump sum payment made at one time. Alimony in Alabama Two of the statutes concern alimony. Basically, the judge will consider whether the person has the means to support himself after a divorce. In Alabama, alimony is usually referred to as maintenance. Alabama statutes provide the rules for awarding financial support to one spouse after a divorce or separation. In Alabama, there are six kinds of alimony you need to know about: Permanent alimony is regular payments made by one spouse to the other for an indeterminate amount of time. However, it is well-established in New Jersey that this support obligation is always subject to modification or termination, including upon retirement. It is important to keep in mind that divorce courts in Alabama are courts of equity, meaning that the judge will try do to what is fair. All Rights Reserved. In 2017, the State of Alabama passed a law concerning alimony that became effective in January of 2018. Alabama divorce law provides that under certain circumstances alimony can be raised, lowered, or eliminated. The duration of payments is determined by a judge in Alabama family court. An Alabama spouse can ask for “interim support” paid only until the divorce is finalized. 600 20th St. North, Suite 301 No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. Alimony in Alabama is frequently referred to as spousal support, but may also be called spousal maintenance or spousal allowance. According to the Code of Alabama - Title 30 - Chapters: 2-51, 2-52, and 2-55, the court considers the value of each spouse’s assets and “up to one half of any pension, 401k or retirement benefits as long as the length of the marriage was 10 years or more.” To watch brief videos about divorce in Spanish with English sub-titles, go to our Videos page. Any other factor that the court deems equitable under the circumstances of the case. The earning ability of the parties in the marriage. Permanent alimony is when regular payments are made by one spouse to the other for an undetermined amount of time. Couples facing a divorce may wonder if the judge will order one party to pay maintenance to the other. In most cases, the payor spouse will give the recipient money in a specified amount on a monthly, weekly, or bi-weekly basis. Alimony Attorney. Debts in Alabama are treated just like assets in a divorce. Not only is there a lot of time and energy that goes into a divorce proceeding, but divorce cases take a heavy financial and emotional toll on the people involved. In Alabama, alimony or spousal maintenance may be ordered if the dependent spouse is incapable of maintaining their standard of living. Of course, if we have not answered one of your questions, feel free to contact our… Again, this decision will depend heavily on the arguments each side makes to the court. The future employment expectations of both parties. Privacy Policy, Administrative Hearings & Professional Licensing Issues. This means that the obligor has to keep paying alimony indefinitely and possibly until one of the … Alimony is a high-stakes issue during a divorce or separation because, except in limited circumstances, a judge cannot change her mind an award alimony later. In Alabama, awards of alimony in gross can be given by allowing the recipient the use of a home or another parcel of property for life. The net income of the party that would be required to pay alimony. What this means in practice for a Montgomery couple going through a split is that alimony is not automatic, but many people do have circumstances … Alimony in Alabama. Rehabilitative alimony in the most cases will not last more than 5 years. The judge considers the request based on the need shown by the requesting person and the ability of the other spouse to pay. You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page. Explore celebrity trends and tips on fashion, style, beauty, diets, health, relationships and more. Child custody and exposure to domestic violence. An important part of a divorce is determining alimony. Alimony, also called “spousal support” or “spousal maintenance” in Alabama, is money that one spouse pays to the other for financial support. In order to award alimony, an Alabama judge first has to decide that one of the spouses is entitled under the law to receive it. Below you will find state-specific information about divorce in Alabama. Therefore, the most important thing in any divorce case, and especially when alimony is at issue, is to have an experienced divorce lawyer who not only thoroughly understands the case, but who can argue the merits of each factor on your behalf. Three types of Alabama alimony. It’s a valid concern. All the actual damages and judgments from conduct that results in criminal conviction of either spouse in which the other spouse or child of the marriage was a victim. In order to modify alimony, you must file a request withe the court. Hawkins, & Associates, LLC | Oct 23, 2020 | Spousal Maintenance/alimony extent. Constitute legal advice, nor does it form an attorney client relationship raised, lowered, or annulment make award... 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