Spousal support, spousal maintenance, or alimony refers to the payments made from one spouse to another for the maintenance of a certain standard of living following a divorce. In general, spousal support is awarded when there is a discrepancy in income levels between the respective spouses and the lower-income spouse is unable to manage routine living expenses.
Spousal support can be one of the most contentious issues that divorcing parties may encounter, besides child custody, and property division issues. Irrespective of whether you are seeking spousal maintenance or want to protect yourself against untenable demands, the Auburn, AL alimony lawyers at the Alsobrook Law Group will identify all your needs and protect your best interests in court.
If the primary role of a spouse during the marriage was that of a homemaker, they might need alimony after a divorce. According to AL law, a judge may award one party temporary alimony during divorce proceedings (known as “pendente lite”) as well as temporary or permanent alimony once the divorce is final. In case of temporary alimony, payments are usually made for a set period of time.
The courts may view temporary alimony as rehabilitative in the case of a brief marriage. In cases such as this, alimony could be ordered for a certain period of time to enable a spouse to find employment or acquire training and education to improve their job prospects. Permanent alimony is becoming increasingly rare and is reserved for older spouses who were homemakers for long unions.
At Alsobrook Law Group, we work hard to obtain the maximum support possible to protect your finances at the time of dissolution or divorce. Our committed alimony lawyers are well-versed in the investigation’s technical facets, including tracing income and assets for the self-employed and identifying all resources to make sure that the other party’s income is correct.
Besides seeking the maximum possible support order, our legal team at Alsobrook Law Group is experienced in defense against spousal maintenance payments in Auburn, AL. Our qualified attorneys can also help defend you against unmanageable support payments and ensure that you obtain all the credits and deductions you are entitled to. We will work with accountants and other financial experts to help you accomplish your goals.
Types of Alimony Available in Auburn, AL
Interim Support
Interim support (“alimony pendente lite”) is a temporary award that provides financial assistance during pending divorce proceedings. In order to qualify for temporary spousal support, the petitioning party must show the court that they need the support, that the other spouse can provide it, and that the marriage is legal.
As interim alimony requests take time, the court may grant a temporary retroactive award from the date of the divorce filing. Once the court issues a final order, temporary support payments end.
Periodic Alimony
When one spouse provides a specific amount of support to the other on a weekly, bi-weekly, or monthly basis for a certain time, the support is known as periodic alimony. “Rehabilitative support” is the most common type of periodic alimony, which is a payment to the lower-income spouse only until that spouse can acquire adequate job training, education, or skills to find gainful employment and become self-sufficient.
In Alabama, rehabilitative alimony is now restricted to a maximum of five years for the recipient. Rarely, this rule might not apply if the court finds that rehabilitation is not possible or there are other causes for a deviation from the five-year limit.
Permanent Alimony
The law in Alabama now restricts alimony to five years. However, exceptions are made when a couple has been married for over five years. In cases in this category, if a party can convince a judge that they need the support, they may receive a permanent alimony award.
If the filing party can show that, since the last order, there has been a significant change in one or both parties’ situations, the court can alter or terminate existing support orders. The court will assess the following factors in modifying an order:
The law allows a court to terminate existing support orders in the following circumstances:
Zachary D. Alsobrook is a partner in the Opelika law firm of Alsobrook Law Group, where he concentrates his practice in the areas of criminal defense and DUI; divorce, child custody…
The Alsobrook Law Firm is located in Opelika, AL and serves clients in and around Opelika, Loachapoka, Auburn, Salem, Waverly, Cusseta, Smiths, Barbour County, Bullock County, Calhoun County, Chambers County, Clay County, Cleburne County, Coosa County, Dale County, Elmore County, Henry County, Lee County, Macon County, Montgomery County, Pike County, Randolph County, Russell County, Talladega County and Tallapoosa County.
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