You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page. Unfortunately, divorces are often difficult and involve charged emotions, and parties often strongly disagree on many elements. Website protects personal data by way of Secure Socket Layer encryption provided by GeoTrust.com. Alimony Attorney. Therefore, if the couple getting a divorce was married for two (2) years, the award of durational alimony will not exceed 2 years. Durational alimony – This often is awarded in the instance of a short or moderate-term marriage. It is awarded as a set amount over a pre-determined period of time, not to exceed the length of the marriage. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. 2303 Court Street PO Box 899 Guntersville, AL 35976, 600 Boulevard South SW Suite 104 Huntsville, AL 35802, 1209 Spring Valley Drive, NE Arab, AL 35016. Alabama statutes provide the rules for awarding financial support to one spouse after a divorce or separation. © 2015 - 2021 Hawkins Law Firm, LLC. Website services provided by duly licensed or qualified professional. 2021 Alabama spousal support calculator. Rehabilitative alimony – There are times when a spouse will need to pursue different educational programs or specific vocational skill training in order to obtain employment that will allow for self-sufficiency. Not all divorces involve alimony. Alimony is a series of payments that one spouse must pay to another after a divorce. Two of the statutes concern alimony. A person with extensive staff and luxuries may be awarded enough to reasonably maintain a similar lifestyle after the divorce. Under Alabama law, alimony is granted to a spouse and it can be awarded to bridge the gap, be rehabilitative, i.e., intended to get the person to a position where he or she can take care of expenses without assistance, durational, or permanent. This new law substantially changes the alimony laws for the State of Alabama. In the ideal divorce, the parties will jointly and amicably agree to things like child custody, child support, property division, and alimony payments. A zealous Huntsville divorce attorney can help ensure that you either receive the alimony award to which you are entitled or that you do not get stuck overpaying alimony that is unmerited or unjust given your circumstances. Century Legal technologies leverage the internet as a way to streamline the delivery of legal services in order to reduce costs for both the attorney and consumer. www.alabamadivorceonline.com Attorney Verified Service, 100% online service...no office visits required, Fast and affordable attorney service at a lawyer-free price, Experience...over twenty years of family law experience, Find your divorce court’s contact information, Learn if you can use this website for your divorce, Begin the divorce process in Alabama online, Over 20,000 Alabamians filed for divorce last year, The person requesting alimony must show a need for it; and. In order to modify alimony, you must file a request withe the court. Confirm you qualify to use Alabama Divorce Online then complete 3 easy steps: STEP 1: Register and answer questions (online only), STEP 2: Sign and notarize divorce papers (online option), STEP 3: File the papers with the court (online option). It is intended to help a spouse go from being married to being single by proving the money necessary to pay necessary bills associated with re-starting a life without a spouse. Period. You have questions? Below we explore some of the factors an Alabama court will consider in determining an award of alimony. In Alabama, courts award lump sum alimony called "alimony in gross," which gives a present value to the recipient’s rights to alimony and is similar to a division of property. Permanent alimony is available to a spouse who does not have the ability to achieve the standard set by the marriage with regard to necessities of life and general needs. Marriages may be classified as short, moderate, or long-term. The Domestic Relations division of the Circuit Court in Alabama holds all the responsibility for determining alimony. Bridge-the-gap, durational, and permanent alimony will end upon the death of either the paying or the receiving spouse. In Alabama, alimony is available and is also known as maintenance. Although they are supposed to consider all of the relevant factors, Alabama judges do have the power to consider adultery as one of the factors when they award alimony. When a fault-based divorce is granted, Alabama law allows the judge to “make an allowance to either spouse out of the estate of either spouse, or not make an allowance as the circumstances of the case may justify, and if an … Alabama Alimony Laws and Spousal Support. Although people often think of alimony as paid on a monthly basis, it can be awarded in a lump sum or be a combination of the two. Recent Alabama Law Limits Indefinite Alimony. Is alimony taxed in Alabama? The court must find that there has been a “material change in the circumstances of one or both parties.” Unfortunately, it is impossible to find an accurate Alabama alimony … If the Spouses voluntarily agree to alimony in the Martial Settlement Agreement, then the Court will honor their agreement. Century legal works with attorneys and other professionals who want to improve their ability to provide great services in the most efficient and effective way. The 2018 law limited the duration of alimony to five years or less absent certain exceptions. In 1979, the US Supreme Court decided a case (Orr v. Orr) which challenged Alabama’s then-existing law that only women could receive alimony. or call us at. Alimony is intended to preserve the economic status of both parties as it existed during the marriage. In a divorce proceeding, a judge will divide their marital property in what he or she believe to be an equitable split. When a Court grants a spouse rehabilitative alimony, the order needs to include a specific plan. But first, what is alimony? Alimony is separate and distinct from the equitable division of marital property. For a free phone consultation, call us at 1 (205) 795-2033. Our Alabama Divorce Source is a resource to get you the state-specific divorce information you need. Section 30-2-1 — Grounds; jurisdiction for proceedings; divorce judgment awarded to both parties. Alimony is considered when either spouse of a divorced marriage has no separate estate from the other, or if it isn't large enough in value to support the spouse, a judge may order an allowance to be made from the wealthier spouse's estate to the less fortunate spouse. Continue reading for details about the new Alabama alimony law, and contact a qualified and knowledgeable divorce attorney with any additional questions. On this page you can locate Alabama divorce lawyers, mediators, and other professionals as well as learn about the Alabama divorce laws and related family law issues like, child custody, visitation, child support, alimony, and property division. Bridge-the-Gap alimony – This is transitional alimony. As we previously discussed, Alabama changed its laws in 2018 to emphasize “rehabilitative alimony” meant to give the lower-earning party assistance for enough time to allow them to find income sufficient to support themselves. Periodic alimony is awarded in a limited fashion. The new law states that rehabilitative alimony should have a five-year limit, but can be extended if a party can show good reason to deviate from such a rule. The Supreme Court said that was unconstitutional so that men can, when the facts justify it, also receive alimony. 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