Mobile, AL Alimony/Spousal Support Lawyers

Spousal support gets a bad reputation in the media—there’s a pervasive image of an ex-spouse who’s unwilling to work and living the high life off of their ex’s income. In reality, alimony is often a practical solution to a problem created by divorce.

When one partner’s income is the foundation for a couple’s life together, the lower-earning or non-earning spouse may need some assistance to get back on their feet. This is especially true if the lower-earning spouse gave up a career or educational opportunities to support their ex’s career.

Whether you are the partner likely to pay or receive alimony, it’s important to protect yourself during negotiations. Call Coumanis & York at 251-336-3491 now to talk to one of our alimony attorneys.

Will Your Divorce Involve Alimony?

First, it’s important to note that alimony is not required or even considered in every Alabama divorce. Alimony doesn’t even come up as a topic in a growing number of marriages, thanks to the rise in dual-income households. To determine whether or not alimony is relevant in your divorce, ask these questions:

• How long was my marriage? If your marriage was less than 10 years, alimony may or may not be ordered. If it was less than five years, the topic of spousal support may not even come up in discussions. The longer a marriage lasted, the more likely it is that alimony will be ordered.
• How much do we each earn (or how much are you capable of earning)? If each individual brings in income, it’s less likely that alimony will be ordered. However, if only one party works or there is a huge income disparity, spousal support may be appropriate.
• If one party earns much less, how long would it take them to become self-sufficient? Alimony is not meant to be a permanent solution in most situations. For the lower-earning spouse, the court may look at how long it would take for them to earn enough money to meet their own needs.
• Did one party make non-financial sacrifices in the marriage? For example, a partner who stayed at home to take care of the home and children would likely be entitled to spousal support because of those sacrifices.
• Who provided childcare during the marriage? Again, a stay-at-home parent would have given up career opportunities in order to raise their children. This may come into play during spousal support discussions.
• Did one party cause the end of the marriage? Fault is relevant in spousal support decisions. For example, if the higher-earning party was unfaithful and the dependent spouse was left with nothing, the court may order spousal support. On the other hand, if a cheating spouse demands spousal support, the court is less likely to grant their request.

Factors Affecting Spousal Support

Other factors may determine whether or not alimony is ordered and, if so, how much is to be paid. These factors include:

• The education level of each spouse
• Each spouse’s health and ability to work
• The age of both partners
• If one spouse paid for the other party’s education
• Wanton or reckless spending by either party

How Long Does Alimony Last?

The answer to this question varies from divorce to divorce. There are no hard and fast rules when it comes to spousal support. In general, permanent alimony is incredibly rare. It’s generally only considered in long marriages that lasted at least 20 years, and even then, spousal support may be temporary.

When determining spousal support, the court will look at the lower-earning party’s income and earning ability. The goal is for them to support themselves eventually. The court will consider how long that may take, based on their current education level, educational goals, and past work experience. From there, a decision will be made regarding the length of spousal support payments.

Modifying or Ending Alimony

Even if one party is ordered to pay spousal support for five years (as an example) that doesn’t mean that payments cannot end early. There are several circumstances in which spousal support may be modified:

• The higher earning party losses their job or takes a significant cut in earnings
• The lower-earning spouse gets a large raise or comes into a substantial amount of money
• The paying party is unable to work or must work less because of health issues

There are also specific circumstances under which alimony is terminated under Alabama law. If the receiving spouse remarries or begins living with a romantic partner, the paying party can request to have spousal support terminated.

Spousal support also ends if either party passes away. That is to say, the paying party’s estate is not responsible for alimony if they pass away, and the receiving party’s estate is not entitled to additional payments if they die.

How We Can Help

No matter which side of the issue you fall on in your divorce, we understand that a lot is at stake. The court’s decision regarding spousal support will have a significant impact on your financial stability after divorce and your ability to start fresh. By thoroughly reviewing the documentation provided by you and your ex-partner, we will figure out what you are entitled to or what would be a fair amount for you to pay.

If your ex is entitled to alimony, we’ll strive to ensure that you don’t pay more than you have to. If you are likely to receive spousal support, we will push to get you what you deserve after your sacrifices in your marriage. Your best interests are our top priority every step of the way.

Learn More About Your Legal Options with Coumanis & York

If you and your spouse have decided to part ways, it’s time to find a Mobile divorce attorney who can help you make sound decisions during this process. We’re here to support you and help you understand your options. Set up a consultation with our team now by messaging us online or calling us at 251-336-3491.