Alimony & Divorce in Alabama
In Alabama, alimony (sometimes called spousal support) is paid to a spouse in a divorce case who needs additional financial assistance. Alabama divorce law establishes procedures and considerations used in determining whether alimony is appropriate.
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Discretion of the Court
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A divorce court judge is vested with discretion to award (or decline) alimony. The judge considers a variety of factors, including an income disparity between the spouses and the standard of living enjoyed by the couple during the marriage.
Agreement
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The parties to a divorce can agree to alimony on a voluntary basis. The divorce court judge is likely to honor the agreement of the parties and include alimony in the final divorce decree.
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Types
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Alabama law allows alimony to be paid in recurring payments or in one lump sum payment, known as "alimony in gross."
Function
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The ultimate purpose of alimony in Alabama is to provide a spouse the financial assistance necessary to maintain the standard of living enjoyed before the divorce. Additionally, alimony is designed to provide the spouse "breathing room" to obtain a job or education sufficient to ensure an appropriate lifestyle.
Warning
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Making a claim for alimony in an Alabama divorce case is complex and challenging. Therefore, you need to consider the benefits of obtaining legal counsel to represent you in regard to your divorce case generally and the issue of alimony specifically.
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References
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