The Laws of Alimony in Alabama
Child support’s generally easier to understand, because, hey, it’s about the kids, for God’s sake! They need the financial support for everything from clothing to food to making sure the utilities are paid.
But alimony? Is that really necessary when it comes to divorce? Why is it normal for a spouse to have to pay the other spouse money just so that spouse can live? Alimony is a strange creature.
Think about it, though: alimony in AL is necessary for certain situations, and while child support is a rather fair deal, easy to think and even figure, alimony – also known as spousal support – can get a little more complex.
There are appropriate factors to consider when dealing with alimony in Alabama. Here they are:
The Bases for Alimony in AL
Take your notes here, people, because there’s a lot to consider. Alimony isn’t like child support, in that it can be figured by just crunching a few numbers. The Uniform Marriage and Divorce Act states several factors in determining alimony in any divorce:
• Age of Spouses, Health (Physiological and Emotional), and Finances
• The Time It Takes to Receive Education and/or Training For a Substantial Job
• Living Quality
• Marriage Length
• Ability to Pay Both for the Payee and Payer
This Should Tell Anyone Something About Alimony in Alabama
It’s anybody’s game, really. All factors can be a deal-breaker, game-changer, or a complete non-issue. It depends on the whole of the situation.
This is especially the case when certain situations can include other special factors, such as….
• How Much a Spouse Earns
• Whether or Not a Spouse Has a Disability
• Whether or Not Children Live in the Home of a Spouse
• Changes in Taxes
• The Grounds for the Divorce (“No-Fault” or “Fault” Can Make a Big Difference)
• And a Prenuptial Agreement
You can see that there are dozens of possibilities. And weighing all of them into a decision for or against alimony is important. For instance: infidelity on the part of one spouse may or may not constitute a need for that spouse to pay alimony toward the other; nor does it mean the other deserves alimony for dealing with the infidelity.
But some other factors can contribute to the decision based on the infidelity: such as emotional and physical distress. That’s just an example.
The reality is, is that it’s all about being fair. And alimony in AL is designed to make things fair between both parties.
Obviously, disabilities are a no-brainer for spousal support issues, as a spouse with a disability can’t function financially without support. So the other spouse must pay. To make it even more complicated, that itself still isn’t a cincher for awarding spousal support. All factors need to be taken into account.
Again, Though, There’s No Formula Needed for Spousal Support
The Domestic Relations division of the Circuit Court in Alabama holds all the responsibility for determining alimony. Period. There’s no mathematical formula.
All spouses considering divorce need to keep that in mind. Child support may be a definite – spousal support, however, is not.