Alimony Attorney in Auburn, Alabama
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.
Acquiring Alimony/Spousal Support Order in Auburn on your Behalf
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.
Contesting Auburn, AL Alimony / Spousal Support
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 (“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.
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.
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.
Failure to Pay Alimony, Auburn, Alabama
If a spouse does not pay court-ordered spousal support, the recipient spouse may file a contempt petition with the court asking that the court enforce the order to pay. Fines, interest, increase in the period of support payment, garnishments of bank accounts and tax returns, or even jail time or property lien are some penalties that await those who fail to pay court-ordered support.
Altering or Terminating an Auburn, AL Alimony Order
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:
- A significant change in education level, health, or the age of either spouse
- A change in the employment status of the receiving party
- A change in the financial situation of either party
- Any even that materially impacts the ability of the paying spouse to pay
- The duration of time between the initial award and the modification request
The law allows a court to terminate existing support orders in the following circumstances:
- The recipient spouse remarries
- Either spouse passes away
- The recipient spouse cohabitates and is in a marriage-like relationship with someone from the opposite sex (the court has not addressed how this facet affects same-sex couples)
Auburn Family Court Considerations when Determining Spousal Support
- Each parties’ range of earning ability
- The income and money-earning capacity of each spouse
- The amount spent on domestic duties and raising kids at the expense of a party’s career
- The standard of living set forth during the marriage
- The parties’ ages
- The need for a time duration necessary for the supported spouse to pursue
- education and training to obtain employment
- The debts and assets, including separate property, held by both spouses
- The ability of the supported spouse to acquire lucrative employment
- A documented history of domestic violence in the marriage
- The capability of the party with the higher income to pay spousal support
Choose an Experienced Auburn, AL Divorce Attorney to get the Spousal Support you Deserve
Our capable and resourceful Auburn, AL divorce lawyers at Alsobrook Law Group will develop a robust strategy to make sure that your interests are protected. You do not have to navigate the complex judicial process alone or be bullied by your ex-spouse. We will work hard to ensure that your rights are protected, and the outcomes are favorable for you. For a no-obligation consultation with a compassionate divorce attorney, call today at (334) 737-3718.