Can I Get Alimony in A Contested Divorce & How Long
Can someone get alimony in their divorce and, if so, for how long can they receive it? Alimony is financial support paid by one spouse to the other spouse in the event of a divorce. Alimony can be paid in gross or periodic alimony. Periodic alimony is often paid in monthly payments in a set sum of money. Gross alimony is paid in a onetime payment. In Alabama a court may award a party financial support for the former spouse under certain circumstances. Under Alabama law the court may award alimony in order to allow an ex-spouse to sustain their standard of living after the Birmingham uncontested divorce. This means that one spouse must pay another to keep that spouse in the same financial state that they were in during the marriage. Generally, the longer that a couple has been married, the more likely they are to be awarded alimony. It is advisable to speak with a local Birmingham divorce attorney about your chances of getting alimony in a divorce, since it is sometimes difficult to get awarded by a judge.
There are a number of factors that the court considers when determining alimony such as: the length of the marriage; the age and health of each spouse; the ability of each spouse to be self-supporting; the cause of the breakdown of the marriage; the income of both parties; and the standard of living during the marriage. Generally, the court wants to make sure that the spouses are able to continue to have the same standard of living that they had during the marriage after the divorce.
Since every marriage and divorce is different, there are a number of other variables that must be considered for each particular divorce. If one spouse has an illness or a disability, then the court will consider that fact when determining alimony. Another common occurrence when alimony is awarded in a Montgomery contested divorce is when one spouse has put a career on hold to help with children. Another instance is when one spouse puts their education on hold to help the other spouse advance at work or to start a business. In these types of situations, the court is likely to award the spouse who put their education or job on hold for the greater good of the family.
As far as how much alimony is awarded there is no set formula in Alabama to determine the amount of alimony. Each case is different, and the amount of alimony is calculated based on the number of factors listed above. The amount of alimony is determined by the needs of the receiving spouse and the level of income and ability of the paying spouse.
In terms of how long alimony is to be awarded, generally the periodic alimony continues until the person receiving the alimony remarries or becomes self-supporting. The court considers self-supporting to be a situation where the financial estate of the person receiving the alimony becomes larger than that of the person paying the alimony. Alimony will also stop if either of the spouses dies. If you have questions about whether you can get alimony in your divorce and for how long, just give us a call today!
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, and real estate closings on this website. He is always available in any of the firm’s offices or by phone anytime for a consultation. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply any feedback. We appreciate our readers and love to hear from you!
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