What to Know About Alimony in Alabama

04 Oct What to Know About Alimony in Alabama

Divorce is stressful enough when you have the means to support yourself. But, what about the additional stress on parties who are not self-supporting? One way the court can help relieve that stress, is by ordering alimony. So, what exactly is alimony, and how is it determined? In Alabama, there are three types of alimony:

1. Pendente Lite Alimony, or alimony that is paid while the divorce case is pending before the court;

2. Rehabilitative Alimony, or alimony that is paid for a specific set of time following the divorce–not to exceed five (5) years except in extraordinary circumstances–as a means to bridge the gap while a former spouse obtains the necessary education, experience or skills needed in order to support him or herself; and

3. Periodic Alimony, or alimony that is based on the future earnings of one former spouse and is paid to the other former spouse as a means of ongoing support. This type of support should last no longer than the length of the marriage, except in certain circumstances.

Figuring Out Alimony in Alabama

In order for a judge to order Pendente Lite Alimony, a party must show a need for support during the pendency of the case and the other spouse’s ability to pay the same. It is important to note that in determining a spouse’s ability to pay support, pendente lite, the court must first consider the payor spouse’s other financial obligations. Assuming that after all other financial obligations are met there is income remaining, the Court can order a party to pay a portion thereof to his/her spouse as alimony, pendente lite. Once a Final Judgement of Divorce is entered, Pendente Lite Alimony is terminated.

Rehabilitative alimony, on the other hand, not only requires proof of a party’s need for financial assistance and the other party’s ability to pay the same, but it also requires proof that said rehabilitative alimony is fair and equitable based on the global division of the marital estate. In other words, in making a determination of Rehabilitative Alimony, the court must also consider the final award of assets and the division of debts in the divorce, each party’s respective earning capacity following the entry of the Final Judgement of Divorce, whether or not the divorce is fault-based and whether or not both parties are able to work outside the home following the divorce. Once these factors are met, the Court can order Rehabilitative Alimony to be paid after the divorce for up to five years, but usually no longer than half the length of the marriage (except in extraordinary circumstances).

In order for the Court to order Periodic Alimony, the same requirements of Rehabilitative Alimony must be met, but there must also be a finding that the payee spouse will not be able to become self-supporting through the use of Rehabilitative Alimony or that the same simply is not practicable under the circumstances. Another major difference in Periodic Alimony, is that the Court can Order that Periodic Alimony be paid for longer than five (5) years, but no longer than the length of the marriage unless the marriage exceeded twenty (20) years, or if there is an express finding of a need to exceed the length of the marriage.

Unlike child support, which is governed by a set of guidelines in our State, calculating alimony is solely at the discretion of the judge in your case. Accordingly, there is a broad spectrum of alimony awards throughout our state. The Court will utilize the same considerations in calculating alimony as it did in determining whether alimony should be awarded at all. Once determined and ordered, alimony becomes a legal obligation that can be garnished if not paid.

Prior to 2019, alimony was taxed as income to the payee, and was tax deductible to the payor. This meant that the Courts had to consider the tax consequences when determining how much alimony a party needed in order to be self-supporting. Since then, though, alimony is no longer taxable to either party. This means whatever amount is ordered is the actual amount that will be received.

Contact Vella & King

Should you have any questions about whether you qualify for alimony, or if you are considering modifying and/or terminating your alimony obligation, please reach out to our office for a free consultation today.