Alimony Attorney in Mobile, Alabama
Spousal maintenance, also known as spousal support, spousal allowance, or alimony, is a payment ordered by the court from one ex-spouse to another for a period of time after divorce. It is important to know that either a husband or a wife can be ordered to pay alimony. It is also important to understand that maintenance is not awarded in every divorce. It is up to the party seeking support to request it, and the other party can oppose that move and argue why support should not be granted. The Law Office of Ginger Poynter can help you if you are seeking or opposing an alimony award in an Alabama divorce in Mobile or Baldwin County.
Different Types of Alimony in Alabama
The Alabama family courts recognize a number of different types of alimony or maintenance which may be granted in a divorce in Alabama. Below is a description of some of the main types of alimony which may be considered:
- Pendente Lite – This is a temporary award of maintenance which may be ordered while the divorce is pending to help support a non-working or needy spouse until the divorce and property settlement are finalized and any final orders of support are made.
- Temporary or Rehabilitative – This is a temporary award designed to give a former spouse the time and resources necessary to pursue education or job training in order to become self-supporting.
- Permanent – In the case of older spouses following a lengthy marriage, the court may consider it proper to make a permanent alimony award to a spouse. More often, even this type of support is not actually permanent, although it may be ordered for a long term.
- Limited or Reimbursement – The court may order one spouse to make a payment to another to reimburse that spouse for money spent towards the other spouse’s education or career.
In any alimony situation, the judge has the discretion to award monthly or periodic payments, or require that the entire amount be paid in one lump sum.
Alabama Alimony Factors
The need of the requesting spouse to receive support and the ability of the paying spouse to pay it are main considerations in any alimony or spousal maintenance determination. Other factors commonly considered by the court include:
- The length of the marriage
- Any separate property of the spouses
- The division of marital property
- Each spouses’ age and health
- The standard of living established during the marriage
- Contributions of one spouse to the other during marriage
- A spouse’s degree of fault in causing the divorce (in a fault-based divorce)
How Your Attorney can Help
Spousal maintenance is only awarded if the family law judge decides it is needed and appropriate. This means that the requesting spouse has proven the right to alimony in court. Whether you are seeking or opposing alimony, you will need the assistance of an experienced Alabama divorce attorney to build your case and present the legal arguments that support your position.
Once awarded, alimony can later be terminated by the judge if the receiving party either remarries or takes up habitation with another. This is not automatic, however, but requires a party to petition the court and prove the facts which would support terminating alimony. Here again, your attorney can help you if you are seeking to terminate alimony payments or arguing that they should continue.
If you are seeking or opposing alimony in your Alabama divorce in Mobile or Baldwin County, call on the Law Office of Ginger Poynter at 251-433-5860 to discuss your case.