Foley, AL Alimony Spousal Support Lawyers

When a marriage ends, painful decisions must be made; there’s no way around it. Many of those decisions revolve around finances. If one partner earns the majority (or all) of the marital income, the other partner may need ongoing support while they get back on their feet. In these situations, it’s common for the divorcing couple to agree on alimony or for the court to order alimony.

Whether you’re the party expected to pay or receive alimony, it’s important to know your options and advocate for yourself. Call Coumanis & York at 251-336-3121 to set up a time to talk to our team.

The Role of Spousal Support

Spousal support is not awarded in every Alabama divorce; it depends entirely on the circumstances of your marriage and the resources available to both spouses. In marriages where there is a major earning imbalance or one party does not work outside the home, divorce leaves the lower-earning or non-earning spouse at a disadvantage. Alimony seeks to balance the earning differences between the two parties, at least temporarily, until the lower-earning spouse can support themselves.

In most cases, the goal of spousal support is to temporarily support the lower-earning individual until they become self-reliant. It’s very rare for spousal support to be a permanent solution, although there are circumstances that call for it.

Types of Alimony in Foley, AL

There are several different types of alimony that may be awarded in a Foley, AL divorce. When you work with our team of divorce attorneys, we’ll help you understand your options and what you will likely either pay or receive. The main types of spousal support include:

• Temporary: Temporary alimony is what’s awarded between the time that a couple of files for divorce and the divorce is finalized. During this time, bills still need to be paid, groceries need to be bought, and gas needs to go in the car. Temporary alimony ensures that the lower-earning spouse isn’t left with nothing.
• Rehabilitative: Many marriages with significant earning imbalances result in rehabilitative alimony awards. As the name suggests, this type of spousal support aims to help an ex-spouse get back on their feet while getting the education or work experience they need to become self-sufficient. Rehabilitative alimony generally lasts between one and five years.
• Reimbursement: Reimbursement alimony is fairly unique in that it seeks to make one partner whole after they make significant financial sacrifices for the other partner’s education or career. It’s a scenario that most people have seen play out at least once: one partner goes back to school to become a doctor, lawyer, or another high-paid professional. Their spouse works overtime to put them through school, with the expectation that everyone will benefit once they’ve finished their education and earn more. The now highly-paid doctor/lawyer/business owner leaves their partner and strikes out on their own. The court may award reimbursement alimony to pay back the person whose income covered their spouse’s education.
• Permanent: Permanent alimony is rare but is still awarded in some divorce cases. Generally, permanent spousal support is not awarded except in long-term marriages. In general, the court assumes that a divorced spouse will eventually be able to support themselves, making permanent spousal support unnecessary. However, they may award permanent support if an individual is elderly, disabled, or has been out of the workforce for so long that they truly have no chance of ever supporting themselves.

Factors That Impact Spousal Support

If divorcing partners are negotiating alimony or the matter is up for debate in court, there are a number of factors tased to make this decision easier. It’s a fairly nuanced topic, which is why there’s no cut-and-dry answer to “How much alimony will I have to pay in Alabama?” Some of the factors that may be used to determine how much alimony is paid and how long it will be paid for include:

• The length of the marriage
• Each partner’s age and overall health
• Each partner’s earning capacity and educational level
• How the marital assets are being divided
• Individual assets owned by both parties
• Any misconduct on the part of either party, such as adultery or abandonment
• If one spouse made financial or non-financial sacrifices for the good of the family
• Health conditions that may render one spouse unable to work

Terminating or Modifying Alimony

Even after spousal support has been ordered and put into a divorce agreement, that doesn’t necessarily mean it’s a done deal. There are circumstances in which spousal support should be modified or terminated completely.

For example, if the paying party must take a drastic reduction in income due to a change in health, ability to work, or the loss of a job, they may be able to petition the court for a decrease in alimony. Note, though, that this does not work if the person voluntarily takes a lower income or leaves their job. The court will generally still expect them to continue paying at the ordered level.

If the person receiving alimony is able to support themselves and their earning power increases significantly, that may warrant a reduction or termination of spousal support. Additionally, alimony should be terminated if the receiving party remarries or begins living with a romantic partner.

Cohabitation is specifically addressed under Alabama law, as some individuals have attempted to keep their spousal support while essentially living as a married person with a new partner. If an ex-spouse paying alimony suspects that their ex-partner is living with a new romantic partner, they can speak to an attorney about getting spousal support terminated.

Contact Coumanis & York to Discuss Your Family Law Needs

Spousal support is a complex issue in the world of family law, and it’s important to discuss your concerns and questions with an experienced family law attorney in Foley, AL. Let us help. Call Coumanis & York at 251-336-3121 or reach out online to set up a consultation.