More often than not, couples fight over many issues during a divorce, including alimony. If you want to file for divorce in Birmingham and need spousal support, you need to understand and evaluate the state laws. Remember, no two divorce cases are the same, which means your story could be entirely different from someone else you know. As such, it is imperative to meet with a Birmingham family law attorney and discuss all the details. In this post, let’s discuss more about the types of alimony in Alabama and some of the other aspects that matter.
Know the options
- Temporary alimony: As the name indicates, temporary alimony is usually granted during the divorce proceedings, in which the higher-earning spouse pays the other until there is a decree. Keep in mind that the final outcome when the final order is passed could be different from the temporary alimony.
- Rehabilitative alimony: Rehabilitative alimony is the most common type of alimony, which is granted so that the less fortunate spouse has the support to become self-sufficient. This could mean acquiring new skills or completing their education. Rehabilitative alimony is usually limited to a maximum of five years, but there are exceptions.
- Permanent alimony: If you have been married for twenty years or more, you may qualify for permanent alimony, although it is far less common in today’s times.
- One-time alimony: Also called lump-sum alimony, this kind of alimony involves paying a one-time amount instead of periodic payments.
Reviewing various factors
When it comes to alimony, there is no one-size-fits-all rule. Below are some crucial factors that may influence whether or not you would get spousal support.
- The length of the marriage: Alimony is usually awarded for marriages that have lasted for three years or more, although this is not a fixed norm. When a couple has been married for a long time, and one spouse is mostly dependent on the other, they are more likely to qualify for alimony.
- Standard of living: The kind of lifestyle you had during the marriage is another factor that the court will consider. The goal is to ensure that no one has to drastically bring down their standard of living after the divorce.
- Financial situation: The financial resources of each spouse, such as their current income, assets & liabilities they own, and other details, are also relevant. The judge will want to assess whether the spouse seeking financial support is stable in their life and has the capability to support themselves.
- Earning capacity: There are several aspects that could impact your ability to get gainful employment. Besides your education and professional skills, the available opportunities and your age are critical factors in deciding whether or not you should spousal support.
- Respective contributions: How much did each spouse contribute to the marriage? This could be financial or otherwise. For instance, if you were primarily a stay-at-home parent and spent your time caring for your child and family, you could get alimony.
- Fault: Alabama courts will usually see whether one party has a fault and if that fault led to the breakdown of the marriage. For instance, if your spouse found a job in another city and abandoned you, they may have to pay more in alimony.
Meet a lawyer
Find a local divorce attorney in Birmingham and discuss every aspect. You have to be absolutely transparent and fair with the lawyer to get unbiased advice. Don’t shy away from asking the right questions, and make sure to focus on things that are important to you. Remember, you have to be flexible in the divorce proceedings, as not everything will be according to your wishes.
