Divorce is never an easy situation to deal with. Not only is there a lot of time and energy that goes into a divorce proceeding, but divorce cases take a heavy financial and emotional toll on the people involved. One of the most common issues arising during a divorce case is the question of alimony. In Alabama there are three types of alimony: periodic alimony, rehabilitative alimony, and alimony in gross.  

Periodic alimony is what we traditionally think of as alimony. Theoretically, the purpose of periodic alimony is to maintain the economic status that the parties enjoyed during the marriage. Generally, this type of alimony is paid in the form of periodic payments, such as monthly payments, of a fixed amount of money owed to the ex-spouse.  Periodic alimony can last until the death of one of the parties, remarriage or co-habitation, or it can end after a specific period of time has passed that allowed the party receiving alimony enough time to acquire the means to support themselves. The length of time that someone can receive periodic alimony is limited. It is important to keep in mind that divorce courts in Alabama are courts of equity, meaning that the judge will try do to what is fair. 

In Alabama, periodic alimony is governed by Alabama Code section 30-2-57. As a preliminary matter, a domestic relations judge shall award alimony only if they find all the following:

  1. A party lacks a separate estate or his or her separate estate is not enough to maintain the economic lifestyle (or status quo) of the parties as it existed during the marriage.
  2. The other party has the ability to make payments that allow the other party to enjoy the lifestyle that existed during the marriage without undue financial hardship.
  3. The circumstances of the divorce case make the award of alimony equitable.

To determine whether one party’s estate is insufficient to maintain the economic status quo of the marriage, and whether the other party has the ability to pay alimony without undue economic difficulty, the courts look to several factors outlined by Alabama law. Some of these factors include:

  1. Each party’s individual assets.
  2. The marital property awarded to each party in the divorce.
  3. The liabilities of each party following the distribution of marital property in the divorce.
  4. The wage-earning capacity of each party.
  5. The net income of the party that would be required to pay alimony.

Please note that this article does not provide an exhaustive list of factors that the Court may consider. In fact, the divorce court may consider any other additional factors that the court deems equitable under the circumstances. 

For a judge in a divorce proceeding to appropriately determine whether an award of alimony is equitable, the court looks at all the relevant factors, which include:

  1. The length of the marriage.
  2. The standard of living that both parties were accustomed to during the marriage.
  3. The age and health of the parties.
  4. The future employment expectations of both parties.
  5. The extent to which one party reduced their income or career opportunities for the benefit of the party or the family.
  6. The contribution(s) of one party to the education and/or the earning ability of the other party.
  7. Excessive or abnormal expenditures, destruction, concealment, or fraudulent arrangement of property.
  8. The respective faults of the parties for the breakdown of the marriage.
  9. All the actual damages and judgments from conduct that results in criminal conviction of either spouse in which the other spouse or child of the marriage was a victim.
  10. Any other factor that the court deems equitable under the circumstances of the case.

A less common form of alimony awarded by Alabama divorce courts is alimony in gross. Alimony in gross mainly deals with property interests of the couple seeking divorce. Alabama courts use this type of to terminate a party’s property interest, usually through a monetary payment. However, awards of alimony in gross may not always be in the form of monetary payments. In Alabama, awards of alimony in gross can be given by allowing the recipient the use of a home or another parcel of property for life. Alimony in gross is meant to affect a final determination of the property rights of the parties. Alimony in gross is not used to provide future support of one party. To determine whether to award alimony in gross, divorce court judges in Alabama look at the following factors:

  1. The earning ability of the parties in the marriage.
  2. The source of their material property.
  3. The length of the marriage.
  4. The contribution of each party.

Divorce courts in Alabama are courts of equity, so the judge will consider the factors mentioned above and try to make judgments that are equitable for both parties of the marriage. Therefore, the most important thing in any divorce case, and especially when alimony is at issue, is to have an experienced divorce lawyer who not only thoroughly understands the case, but who can argue the merits of each factor on your behalf. The attorneys at Sheffield and Lentine work diligently to thoroughly understand our client’s unique case and circumstances, and to ensure the best possible results for our clients. Call our office for a free consultation. 

DISCLAIMER: This article is meant to provide a starting point for discussing these issues with an experienced divorce lawyer. This article does not constitute legal advice, nor does it form an attorney client relationship. No representation is made that the quality of legal services provided is greater than the quality of legal services provided by other lawyers.