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Alimony Spousal Support

Daphne & Foley Alimony Lawyers

Alimony is a sensitive divorce subject; however, our Foley alimony attorneys know how to properly approach the subject in family courts and ensure you leave the divorce in a position to achieve success on your own.

There are several types of alimony or spousal support recognized by courts in Alabama but the most frequently referred to forms are periodic alimony and alimony in gross. Our Foley divorce attorneys can explain all your options in great detail during a free consultation.

To schedule your free consultation, please either contact us online or call us today at (251) 444-7000.

Periodic Alimony in Alabama

Periodic alimony pertains to payments made by one spouse periodically (monthly, bi-weekly) for the support and maintenance of the other spouse.

In determining whether to award alimony, courts in Alabama consider factors such as:

  • Earning potential of each spouse
  • Education and training of each spouse
  • Job experience of each spouse
  • Length of the marriage
  • Age and health of each spouse
  • The standard of living of the spouses during the marriage
  • Whether the spouses can maintain same standard post-divorce
  • Conduct of each spouse which led to the cause or causes of divorce

Under periodic alimony, the spouse that receives alimony is taxed and the spouse that pays the alimony receives a deduction in relation to the income taxes. Further, periodic alimony is subject to modification and termination in the future.

Periodic Alimony Modification

Periodic alimony can be modified if the spouse seeking a modification proves to the court that a material change in circumstances has occurred. Despite this proof, the trial courts in Alabama have complete discretion as to whether alimony should be modified.

In exercising their discretion, courts look to the:

  • Financial needs of the spouse receiving alimony
  • Income of the spouse who has been ordered to pay alimony
  • Income of the spouse receiving alimony
  • Ability of each spouse to earn income
  • Remarriage of either spouse

Periodic alimony can be terminated if the spouse receiving alimony remarries or openly lives or cohabits with a member of the opposite sex. Further, any obligation to pay alimony terminates if either spouse dies.

Alimony in Gross in Alabama

Alimony in gross on the other hand is a type of spousal support which requires that the time of payment and the amount of support must be certain and the right to alimony must be vested. This form of alimony is used when a division of assets is not practicable. In awarding alimony in gross, courts consider factors such as the ability of each spouse to earn income, age and health of each spouse, marital property attributes such as types, sources, and value, and the conduct of each spouse during the marriage. Alimony in gross award is not modifiable as such and is neither taxable to the receiving spouse nor deductible by the spouse making the payment.

Why Should You Hire a Daphne Alimony Attorney?

Many spouses may miss out on their deserved alimony (spousal support) without the help of an experienced lawyer. It’s generally a heated divorce topic requiring a thorough understanding of alimony laws and negotiation skills. It’s also important both parties understand the tax implications of paying or receiving alimony (as well as a division of assets) and are comfortable with the end result.

If you’d like to discuss your unique situation in more detail, contact Caldwell Wenzel & Asthana today at (251) 444-7000 to set up a complimentary consultation.

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