Divorce Alimony in Alabama

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Determination of the amount in Divorce Alabama Alimony

In this state, no statutory formula has been set to compute the amount of alimony. The court has full discretion in this regard. The spouse, who requests alimony, must prove that he / she is in need of money and the other spouse has the ability to disburse the required amount.

The court takes into account the following factors while calculating the amount of alimony.

• The behavior of the spouses in their marital life
• The type and value of the assets of each spouse
• The state of health and age of each spouse
• The present earning capacity and future earning prospects of both parties
• The duration of marital life

If the duration of marital life is less than 12 years, then alimony is rarely granted. In case of a long term marriage, if one spouse has been financially dependent on the other for most of the duration, then alimony is almost a certainty. Although, some parties may not request for alimony during the divorce proceedings, the court may still grant spousal support to such a party.

In case of some short term marriages, one of the partners may need money for a brief duration (about 2 to 3 years), during which they can seek employment. This is defined as Temporary or Rehabilitative alimony.

Types of Divorce Alabama Alimony

Periodic Alimony

• Some amount of money has to be paid periodically for some months or years
• The amount might be modified by the Alabama court
• This money has to be included as income by the receiving person
• For the payer spouse, this amount is tax deductible

Gross Alimony

• The concept of gross alimony is identical to that of property settlement
• One lump sum amount is paid by the payer
• This amount cannot be modified
• The Alabama court does not consider the separate estate of the receiving spouse while determining this amount
• Payment of gross alimony is a nontaxable transaction
• If the receiving spouse remarries, the gross alimony cannot be cancelled.

When does Alabama Alimony cease?

• The court decides the number of months or years for which periodic alimony must be disbursed. The payments cease after the completion of this period
• If either spouse dies or the receiving spouse remarries or cohabits with someone, this payment is stopped
• In case of cohabitation, the alimony is terminated only when cohabitation is endorsed by a proof of permanence. For example,
  • The cohabiting partners are sharing a residence
  • These partners have stopped to date other people
  • The cohabitant is purchasing clothes for or repaying the debts of the receiving partner
  • There is voter registration of the cohabiting partners

• In spite of remarriage or cohabitation, some partners who seek divorce mutually accede to continue alimony payments. The Alabama court does not endorse such transactions

  In some instances, the payer may fail to make alimony payments. The receiving spouse may file a petition in the court stating that the payer must be held in contempt of court.

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