Alimony Attorneys in Daphne, Alabama

The end of a marriage comes with a lot of difficult decisions. Everything you’ve accumulated during the marriage has to be evenly divided, you have to determine a child custody schedule, and there’s no end to the financial issues that have to be settled. One area that’s often the topic of arguments is alimony, also known as spousal support. Spousal support is primarily awarded when there is a significant earning disparity that leaves one partner unable to provide for themselves at the end of a marriage.

Whether you wonder if you are entitled to alimony or you believe you may have to pay spousal support, our team can help you navigate these challenging times. Call Coumanis & York at 251-990-3083 to set up a consultation today.

Spousal Support Can Balance the Scales

Spousal support serves several different purposes. In general, though, its goal is to allow a lower-earning spouse to maintain their standard of living after a divorce or get compensated for sacrifices made during the marriage. This is especially true when one partner sacrifices their education or career to support their spouse in their work.

While spousal support used to be lifelong, that is rarely the case anymore. Judges don’t often award alimony as a way to have a higher-earning spouse support an ex-partner for the rest of their life. Rather, they award alimony long enough to allow the lower-earning spouse to close the gap through career advancement or education.

Types of Alimony in Alabama

Several types of alimony may be awarded during a Daphne, AL divorce. Understanding them and the differences between them allows you to discuss your options with your attorney and figure out which type of support you may be entitled to.

Different types of spousal support in Alabama include:

• This is a common option for divorcing partners. When one partner has been out of the workforce for a long time or has been underemployed so they can take care of the home, they generally need time to increase their earning potential and get back on their feet. That is exactly what rehabilitative spousal support does. It strives to help the lower-earning spouse get back on their feet and become independent.
• When one partner makes significant financial or time sacrifices to help their spouse, they may be entitled to reimbursement if the marriage then ends. Consider, for example, an individual who attends law school while financially supported by their spouse. Shortly after, they leave their partner. The partner who financed their education and lifestyle may be entitled to reimbursement. This may include a lump sum payment for educational costs, as well as part of the other partner’s future earnings.
• Permanent spousal support. Permanent alimony is still awarded in some situations. For example, if one spouse is permanently disabled or is too old to reenter the workforce, they may be entitled to permanent support.
• Periodic alimony. In a periodic spousal support agreement, the paying spouse pays the other individual monthly, quarterly, or annually.
• Lump sum spousal support. If you go this route, the paying spouse will make a one-time payment or transfer of property to the other spouse to cover their obligations.

Factors Considered in Spousal Support Cases

A number of factors determine whether alimony is awarded, how much is given, and how long alimony must be paid. Contributing factors include:

• The length of the marriage
• Earning level
• Earning potential
• Individual assets
• Each party’s contribution to the breakdown of the marriage
• The health of each party
• Sacrifices made by each spouse to the marriage

How a Prenuptial Agreement May Affect Spousal Support

A desire to outline spousal support requirements and limits is one of the top reasons people choose to draft a prenuptial agreement. A prenuptial agreement can define under which circumstances alimony is paid, how much will be paid to the lower-earning party, and under which circumstances payments will be made. This allows the higher-earning partner to add clauses for infidelity and other types of misconduct that would limit the lower-earning partner’s ability to receive spousal support.

However, prenuptial agreements are not ironclad. If a court finds the prenuptial agreement to be unjust, they will not enforce the clauses within it. Even if your prenuptial agreement states that no spousal support will be paid, the court may ignore that if it is an unjust clause.

Choosing a Daphne Family Law Attorney

If you believe you are entitled to receive spousal support or you are being asked to pay spousal support, you need a trustworthy attorney ready to fight on your behalf. Spousal support can cost you hundreds of thousands of dollars over your lifetime, and you want to ensure that you are not simply throwing money away. If you are requesting spousal support, you need an attorney who understands your financial needs and can fight to get you a fair agreement.

Your Daphne spousal support attorney will look at the circumstances surrounding your divorce and come up with a plan. This may involve exploring different options for periodic or lump sum payments, figuring out if you are entitled to more because of the length of the marriage, and drawing up a realistic budget that may guide the court’s decision.

Once you’ve come up with a fair spousal support agreement that meets both parties’ needs, you may still find yourself in need of a family law attorney down the road. There are several circumstances under which spousal support may be changed, including:

• A change in one individual’s ability to work and earn a living
• A change in pay
• Loss of income
• Increased income or significant windfall

When circumstances change, you’ll be ready to take the other party to court and ask for an appropriate adjustment.

Contact Coumanis & York for Help with All Types of Family Legal Matters in Alabama

Spousal support is a common part of Alabama divorce settlements, and you need to know your rights if your marriage is ending. To set up a meeting to talk about your legal needs and next steps, contact Coumanis & York online or call us at 251-990-3083. We look forward to working with you.