Alimony (also called spousal support) is not uncommon and is frequently granted when a couple is divorcing after a lengthy marriage. Whether you will be receiving alimony or will be responsible for paying alimony, you want to know that the amount was determined in a fair manner in accordance with your rights and best interests.
At Blanchard Law Offices, we provide high caliber legal assistance to people involved in divorce who will be receiving or paying alimony. Our spousal support lawyers have more than 35 years of experience and are committed to helping you move through your divorce in a favorable manner. Contact our Montgomery alimony attorneys online or call 334-328-3422 to schedule your consultation.
What Factors Are Considered to Determine if Alimony Is Awarded?
Under Alabama alimony laws, the courts will use a number of factors to determine if one party will receive alimony. Some of these factors include the following:
- Length of the marriage
- Age and health of the parties
- Education level of lesser-earning spouse
- Earning capacity of lesser-earning spouse
- Disparity of income between higher-earning and lesser-earning spouse
- Fault in the marriage, resulting in the divorce
- Whether or not the parties raised children together
- Lifestyle that was acquired during the marriage
When a marriage ends in divorce, it may be necessary for one spouse to receive alimony for continuing support, to maintain a standard of living or for rehabilitative purposes.
Alimony is awarded on a permanent basis or rehabilitative basis. It must be shown that the party requesting alimony has a need for it and that the person who will be paying has an ability to pay. By looking at each party's income, assets, liabilities, debts and monthly living expenses, it may be necessary to grant one party rehabilitative alimony to assist him or her through the divorce.
There are tax consequences to alimony. Our attorneys can discuss the basic impact alimony will have on your taxes and refer you to a qualified tax professional if necessary.
Can Alimony Be Modified?
Alimony can be modified upwards or downwards based on a substantial change in material circumstances. For example, if one party becomes seriously ill, retires or remarries, alimony can be modified or even terminated. Marriage does not result in automatic alimony termination; legal action needs to be taken to ensure its termination.
Alimony and property division are often two sides of the same coin. In some situations, it may be more advantageous to have a property settlement than to pay alimony. A property settlement cannot be modified, while alimony can.
Contact Our Spousal Support Attorneys Representing Clients in Prattville and Wetumpka
While we strive to reach alimony agreements through negotiation and mediation, we do not shy away from court if that is what is necessary to protect our clients' rights. Schedule your appointment by contacting us online or by calling 334-328-3422. We serve clients in communities that include Prattville, Wetumpka and Clanton.