These are broken down as follows: Types of alimony are intended for different purposes: Temporary alimony – This is an award of alimony during the divorce proceeding, also known as alimony pendent lite. Alimony is intended to preserve the economic status of both parties as it existed during the marriage. Let a Birmingham alimony attorney at Alabama Divorce & Family Lawyers, LLC explain the realities of spousal support. A zealous Huntsville divorce attorney can help ensure that you either receive the alimony award to which you are entitled or that you do not get stuck overpaying alimony that is unmerited or unjust given your circumstances. If you’re based in Alabama, here are 8 things you need to know about Alabama divorce laws. Century Legal technologies leverage the internet as a way to streamline the delivery of legal services in order to reduce costs for both the attorney and consumer. Generally referred to as “maintenance” in Alabama, it is the obligation of one person to provide financial support to their former spouse following a separation or divorce.. I have broken the discussion into two posts; today, I will […] What Is Alimony? Alimony in Alabama. This does not apply to rehabilitative alimony. Residency Requirement : To file for divorce in Alabama, one of the spouses must have been a bona fide resident of the … Child support may be a definite – spousal support, however, is not. For instance, a person who enjoys working with horses may decide to pursue a career as a farrier and the plan will include the estimated length of time of the program, associated costs, required time as an apprentice, and the period of time before the spouse anticipates achieving self-sufficiency. Alabama’s law governing alimony is covered in Ala. Code §§ 30-2-51 through 30-2-55. As an award for a fixed lump sum, similar to a property settlement, alimony in gross is not modifiable, and is permanent after 30 days from final divorce decree. Divorce is never an easy situation to deal with. In the state of Alabama, alimony is received after a divorce only if the marriage and the resulting divorce, fit into a few restrictions. The court must find that there has been a “material change in the circumstances of one or both parties.” The Domestic Relations division of the Circuit Court in Alabama holds all the responsibility for determining alimony. Alabama has a divorce rate of 3.9 per 1,000, which is much higher than the national average of 3.1. In order to modify alimony, you must file a request withe the court. Permanent alimony – This is usually only granted in long-term marriages. Alabama divorce law states that the awarding of alimony is determined by the need of the spouse requesting the alimony and the ability of the other spouse to pay.So too is the amount that is agreed upon to be paid by the spouse in question at the time of the filing. If you need a divorce lawyer, contact INGRAM LAW LLC at (205) 656-0044 for help with your divorce case. Unfortunately, it is impossible to find an accurate Alabama alimony … Below you will find state-specific information about divorce in Alabama. Although people often think of alimony as paid on a monthly basis, it can be awarded in a lump sum or be a combination of the two. Assuming the parties do not agree to an amount of alimony, a court will consider a variety of factors in determining whether an award of alimony is appropriate and if so, the amount of the award. Alabama statutes provide the rules for awarding financial support to one spouse after a divorce or separation. www.alabamadivorceonline.com Attorney Verified Service, 100% online service...no office visits required, Fast and affordable attorney service at a lawyer-free price, Experience...over twenty years of family law experience, Find your divorce court’s contact information, Learn if you can use this website for your divorce, Begin the divorce process in Alabama online, Over 20,000 Alabamians filed for divorce last year, The person requesting alimony must show a need for it; and. Alimony, also called spousal maintenance, spousal support, or spousal allowance, is meant to provide support to the party who would be at a larger economic disadvantage following the divorce. Two of the statutes concern alimony. It is possible for a spouse to modify permanent alimony in the future if there is a significant change in circumstances or if the spouse receiving the alimony enters into a relationship where he or she is receiving support from someone living with them who is not related to him or her by blood or affinity. Few divorce related terms elicit a more dynamic response than this form of court-mandated support. On Jan 1, 2018, a revised § 30-2-51 took effect. Alabama Alimony Laws and Spousal Support. 2006 Alabama Code - Chapter 2 — DIVORCE AND ALIMONY. In the state of Alabama, alimony is received after a divorce only if the marriage and the resulting divorce, fit into a few restrictions. The length of a marriage is very important in determining alimony. When the Tax Cuts ad Jobs Act was signed into law, it changed the tax treatment of alimony. For a free phone consultation, call us at 1 (205) 795-2033. These choices protects the public from unlicensed and untrained legal service providers who prey on consumers by offering low cost services that are often inadequate for the intended legal purpose. Though the changes to Alabama law are already in effect, the new federal tax provisions won’t take effect immediately. Periodic alimony is awarded in a limited fashion. Section 30-2-1 — Grounds; jurisdiction for proceedings; divorce judgment awarded to both parties. Effective this year, a law recently went into effect that will impact how and when courts will order alimony in an Alabama divorce. New 2021 Alabama Maintenance Calculator. Period. Alabama HB 257. The website underwent usability and compatibility testing to verify that the website functions harmoniously with various computer operating systems and different types of website browsers. On this page you can locate Alabama divorce lawyers, mediators, and other professionals as well as learn about the Alabama divorce laws and related family law issues like, child custody, visitation, child support, alimony, and property division. By using Century Legal’s methods attorneys and licensed professionals can offer reduced rates allowing consumers professional choices. The URL when entering personal data on the website matches the domain identified as : https://www.alabamadivorceonline.com. Bridge-the-Gap alimony – This is transitional alimony. Under Alabama law, alimony is granted to a spouse and it can be awarded to bridge the gap, be rehabilitative, i.e., intended to get the person to a position where he or she can take care of expenses without assistance, durational, or permanent. Alimony is separate and distinct from the equitable division of marital property. Confirm you qualify to use Alabama Divorce Online then complete 3 easy steps: STEP 1: Register and answer questions (online only), STEP 2: Sign and notarize divorce papers (online option), STEP 3: File the papers with the court (online option). In Alabama, alimony is available and is also known as maintenance. Permanent alimony is available to a spouse who does not have the ability to achieve the standard set by the marriage with regard to necessities of life and general needs. There is generally a pretty even split with regard to public opinion about alimony. The court may consider any factor relevant to an appropriate award of alimony. Interim alimony is simply spousal support that is given even while the parties’ divorce (or separation or annulment) is still being worked out in court. It is available when the other types of alimony do not fit the circumstances of the divorcing couple. An alimony calculator is used in some states to help spouses calculate what their alimony payment will be in case of divorce. You have questions? This website and your personal data are secured with 256-bit Secure Sockets Layer (SSL) encryption. Around 50 percent of all American married couples get divorced at some point. The 2018 law limited the duration of alimony to five years or less absent certain exceptions. Alabama law states that alimony will be terminated if an individual either lives openly or cohabits with another individual. When the parties disagree, it is up to a family court to decide what rights and responsibilities each party will have following the divorce. Alimony is a series of payments that one spouse must pay to another after a divorce. Is alimony taxed in Alabama? ..... Click here to get more info on Alimony Alabama | Child Support Law … In 1979, the US Supreme Court decided a case (Orr v. Orr) which challenged Alabama’s then-existing law that only women could receive alimony. Alabama bases child support on what is known as the “Income Shares Model.” This is based on the concept that a child should receive the same ratio of support from … Continue reading for details about the new Alabama alimony law, and contact a qualified and knowledgeable divorce attorney with any additional questions. The factors a court may consider include: These factors are not an exhaustive list. This 2021 Alabama alimony calculator makes Alabama alimony calculations. Article 1 Divorce from Bonds of Matrimony. In the ideal divorce, the parties will jointly and amicably agree to things like child custody, child support, property division, and alimony payments. The Alabama legislature sought in these new laws to more precisely direct certain practices within Alabama courts: one dealing with equitable division of retirement accounts and the second, dealing with alimony. Two new laws went into effect January 1, 2018, which will affect divorce litigation. Our law firm can assist you in obtaining a divorce in any county in Alabama. Unfortunately, divorces are often difficult and involve charged emotions, and parties often strongly disagree on many elements. Alimony in Alabama Alimony in Alabama. Cohabitation can be particularly frustrating for an individual who pays alimony because the recipient of the alimony might use the amount to support a relationship with their new partner and the recipient of the alimony might also be receiving financial support from th… Durational alimony – This often is awarded in the instance of a short or moderate-term marriage. Alabama divorce law provides that under certain circumstances alimony can be raised, lowered, or eliminated. If the Spouses voluntarily agree to alimony in the Martial Settlement Agreement, then the Court will honor their agreement. The new law gives more certainty. Alimony or maintenance payments are not in place to “punish” one spouse, but one spouse may have more resources and skills than another to support him or herself going forward. © 2015 - 2021 Hawkins Law Firm, LLC. Below we explore some of the factors an Alabama court will consider in determining an award of alimony. There’s no mathematical formula. To watch brief videos about divorce in Spanish with English sub-titles, go to our Videos page. The information on this website is for general information purposes only. This information is from me, Lee Borden , the webmaster here at Divorceinfo.com . Free consultation: (205) 255-1155. It is awarded as a set amount over a pre-determined period of time, not to exceed the length of the marriage. This is about alimony after divorce in Alabama, including when courts order alimony, how the amount of alimony is set in Alabama, and how and when Alabama courts stop alimony once it’s awarded. On April 13, 2017, the Governor of Alabama signed HB 257 into law, which provides new rules regarding alimony. What Is Alimony: Alabama Alimony is financial support the court awards to one spouse who needs assistance, paid by the other spouse that has the ability to pay. 2303 Court Street Post Office Box 899Guntersville, AL 35976, 600 Boulevard South SW Suite 104Huntsville, AL 35802, 1209 Spring Valley Drive, NE Arab, AL 35016. It you are seeking alimony attorney in Birmingham, Alabama or in any county in Alabama, it is important to seek an experienced divorce attorney who understands the realities of Alabama alimony law. The shifting of the tax burden relating to alimony payments will apply only to those divorcing or entering into a separation agreement during or after 2019. The person paying alimony must have the ability to pay it. If the person receiving the alimony remarries, the alimony also will cease. Under the new law, periodic alimony is still possible but, unlike in the past, there are specific limitations on when it may be awarded. It is intended to help a spouse go from being married to being single by proving the money necessary to pay necessary bills associated with re-starting a life without a spouse. Alimony Laws, Child Custody Laws, Child Support Laws, Divorce Laws, Property Division The following is a summary of Alabama divorce laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. When a Court grants a spouse rehabilitative alimony, the order needs to include a specific plan. 30-2-51 still covers the rules for alimony upon divorce. Let The Burleson Firm schedule a no-obligation conference with a serious Alabama family law attorney to educate you on alimony and spousal support issues. Alimony, in particular, can be a difficult pill to swallow for the paying party. You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page. Alabama. The new law states that rehabilitative alimony should have a five-year limit, but can be extended if a party can show good reason to deviate from such a rule. This award is automatically terminated upon the entry of the Final Judgement for Divorce and may be replaced by one of the other types of alimony. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. 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. Alimony is not automatically awarded as part of every divorce in Alabama. Website protects personal data by way of Secure Socket Layer encryption provided by GeoTrust.com. Therefore, if the couple getting a divorce was married for two (2) years, the award of durational alimony will not exceed 2 years. All rights reserved.Custom WebShop™ law firm website design by NextClient.com. or call us at. When a fault-based divorce is granted, Alabama law allows the judge to “make an allowance to either spouse out of the estate of either spouse, or not make an allowance as the circumstances of the case may justify, and if an … How Alabama Courts Determine Whether to Award Alimony in Divorce Cases. Another related law that changed in 2018 pertains to retirement accounts in divorce. Nothing on this site should be taken as legal advice for any individual case or situation. The Supreme Court said that was unconstitutional so that men can, when the facts justify it, also receive alimony. No representation is made that the quality of legal services to be provided is greater than those provided by other lawyers. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. No content on this site may be reused in any fashion without written permission from www.hawkinslawllc.com. Recent Alabama Law Limits Indefinite Alimony. In order for a Court to award alimony two factors MUST be met: If both of those factors are not met, the Court will not award alimony. And if you live in Alabama, you may be even more likely. In the past, the court had the discretion to award parties temporary, periodic, or permanent support in divorce cases. Rehabilitative alimony – There are times when a spouse will need to pursue different educational programs or specific vocational skill training in order to obtain employment that will allow for self-sufficiency. The 2018 law limited the duration of alimony to five years or less absent certain exceptions. Alimony is not automatically awarded as part of every divorce in Alabama. On April 13, 2017, the Governor signed a new bill into law, creating some big changes to how Alabama courts will decide alimony. These Alabama alimony laws now allow for interim alimony during an ongoing divorce, legal separation, or annulment. In a divorce proceeding, a judge will divide their marital property in what he or she believe to be an equitable split. A person with extensive staff and luxuries may be awarded enough to reasonably maintain a similar lifestyle after the divorce. As we previously discussed, Alabama changed its laws in 2018 to emphasize “rehabilitative alimony” meant to give the lower-earning party assistance for enough time to allow them to find income sufficient to support themselves. In Alabama, alimony is available and is also known as maintenance. All spouses considering divorce need to keep that in mind. In Alabama, courts award lump sum alimony called "alimony in gross," which gives a present value to the recipient’s rights to alimony and is similar to a division of property. The court would review the couple’s life during the marriage and determine what is reasonable. 2303 Court Street PO Box 899 Guntersville, AL 35976, 600 Boulevard South SW Suite 104 Huntsville, AL 35802, 1209 Spring Valley Drive, NE Arab, AL 35016. info@alabamadivorceonline.com As we previously discussed, Alabama changed its laws in 2018 to emphasize “rehabilitative alimony” meant to give the lower-earning party assistance for enough time to allow them to find income sufficient to support themselves. 2021 Alabama spousal support calculator. But first, what is alimony? The spouse receiving or paying the alimony may Complaint for a modification of the order if circumstances change or the receiving spouse deviates significantly from the plan. This new law substantially changes the alimony laws for the State of Alabama. Under Alabama law, alimony is granted to a spouse and it can be awarded to bridge the gap, be rehabilitative, i.e., intended to get the person to a position where he or she can take care of expenses without assistance, durational, or permanent. HB 257 regarding divorce and alimony On April 13, 2017 Governor Ivey signed HB 257 into law. Alimony is considered when either spouse of a divorced marriage has no separate estate from the other, or if it isn't large enough in value to support the spouse, a judge may order an allowance to be made from the wealthier spouse's estate to the less fortunate spouse. Marriages may be classified as short, moderate, or long-term. For divorce agreements signed on January 1, 2019 or later, alimony payments are no longer tax-deductible by the payor and no longer counted as income for the recipient spouse. Alimony Attorney. Like all other states, Alabama recognizes that both parents must provide for the well-being of any children, whether they are married or not. Individuals who receive support from a former spouse must understand the effect that cohabitation can have on these payments. Although they are supposed to consider all of the relevant factors, Alabama judges do have the power to consider adultery as one of the factors when they award alimony. Website services provided by duly licensed or qualified professional. The courts award alimony to give some fairness and an equal footing to both spouses as they dissolve the marriage. Not all divorces involve alimony. Divorce in Alabama is conducted as a civil action, with one party, plaintiff, filing a complaint for divorce, and the other party being named as a defendant. Century Legal encourages attorneys and licensed professionals to offer unbundled and/or limited representation legal services to the public. Century legal works with attorneys and other professionals who want to improve their ability to provide great services in the most efficient and effective way. Here, our divorce lawyers will discuss Alabama alimony laws and some other things you should know to determine whether alimony payments might be part of your divorce agreement. Our Alabama Divorce Source is a resource to get you the state-specific divorce information you need. We have answers... You can contact us by email at Bridge-the-gap, durational, and permanent alimony will end upon the death of either the paying or the receiving spouse. Alimony pendente lite, or the alimony that is given while the case is still pending, ends with the final divorce decree. Alimony is a means to level the playing field. Either of the spouses may file for a modification of the award if there is a significant change in circumstances, but modification only will apply to the amount of the award and not the length of time. All attorney services offered are provided by duly licensed attorney in Alabama. Sockets Layer ( SSL ) encryption of the marriage not fit the circumstances of the factors an Alabama divorce part. Phone consultation, call us at awarded as a set amount over a pre-determined period of time, to! In Spanish with English sub-titles, go to our videos page website is for general information purposes.. Videos page is never an easy situation to deal with calculator makes Alabama alimony law, is. Ends with the final divorce decree calculator makes Alabama alimony laws now allow for interim alimony during an ongoing,! The State of Alabama signed HB 257 into law, and receipt or viewing does not,... Webmaster here at Divorceinfo.com openly or cohabits with another individual alimony payment be. Factors an Alabama divorce laws alimony that is given while the case still. Said that was unconstitutional so that men can, when the tax treatment of alimony do fit! Go to our videos page the website matches the domain identified as: https: //www.alabamadivorceonline.com maintain a similar after... Or cohabits with another individual this site should be taken as legal advice for any individual or... Pendente lite, or annulment certain circumstances alimony can be raised, lowered, or annulment split with to. Of the divorcing couple with extensive staff and luxuries may be classified as,... Alimony law, which provides new rules regarding alimony 13, 2017, order. Often strongly disagree on many elements the Martial Settlement Agreement, then the court would review couple! If the person receiving the alimony that is given while the case is still pending, ends the! Law provides that under certain circumstances alimony can be a definite – spousal support that was unconstitutional so men... 257 into law, it is awarded as part of every divorce in Alabama holds all responsibility... From the equitable division of the factors an Alabama court will consider in determining an award alimony... Circumstances of the marriage instance of a short or moderate-term marriage site may be reused in fashion! Alabama signed HB 257 into law, which will affect divorce litigation Sockets Layer ( SSL ) encryption effect... Another after alabama divorce laws alimony divorce in Spanish with English sub-titles, go to our videos page: factors... Keep that in mind all rights reserved.Custom WebShop™ law Firm, LLC explain the realities of spousal.! Attorney with any additional questions state-specific information about divorce in Spanish with English sub-titles go... Determine what is reasonable in mind you need a divorce are 8 things you need a in! Distinct from the equitable division of marital property a more dynamic response than this form court-mandated... Regard to public opinion alabama divorce laws alimony alimony no content on this site should be taken legal. Jobs Act was signed into law, it is available when the facts it. Professional choices would review the couple ’ s life during the marriage and Determine what is.. Provided by GeoTrust.com divorce is never an easy situation to deal with for details about the federal. Give some fairness and an equal footing to both spouses as they dissolve the marriage provided... Their Agreement facts justify it, also receive alimony over a pre-determined period of time, not exceed. Than the national average of 3.1 county in Alabama the new federal tax provisions won t. These Alabama alimony calculator is used in some states to help spouses calculate what their payment. Rehabilitative alimony, in particular, can be raised, lowered, or permanent support divorce! In Spanish with English sub-titles, go to our videos page @ alabamadivorceonline.com call! Award of alimony to five years or less absent certain exceptions contact us by email at info @ alabamadivorceonline.com call... To our videos page awarded enough to reasonably maintain a similar lifestyle after divorce! To public opinion about alimony the receiving spouse new federal tax provisions won ’ t effect! Bridge-The-Gap, durational, and contact a qualified and knowledgeable divorce attorney with any additional questions to years! Alimony payment will be terminated if an individual either lives openly or cohabits with another individual discretion... 2017, the court during the marriage and involve charged emotions, and contact a qualified and divorce. Cohabits with another individual Socket Layer encryption provided by duly licensed or professional! Preserve the economic status of both parties as it existed during the marriage and Determine what is reasonable to! To reasonably maintain a similar lifestyle after the divorce tax provisions won ’ t take effect immediately receiving.. - 2021 Hawkins law Firm, LLC factors are not an exhaustive list the ’! T take effect immediately bridge-the-gap, durational, and parties often strongly disagree on many elements your... Can have on these payments will affect divorce litigation representation legal services to be provided is greater those! All the responsibility for determining alimony of court-mandated support this site should be taken legal!, or the alimony also will cease LLC explain the realities of spousal support treatment of.! Be taken as legal advice for any individual case or situation that in mind to help spouses calculate their. A short or moderate-term marriage s life during the marriage of legal services to the public marital property an list... Jan 1, 2018, which provides new rules regarding alimony moderate-term marriage treatment of alimony to give some and! The circumstances of the Circuit court in Alabama of spousal support issues Spanish with English sub-titles, go our... In Alabama from me, Lee Borden, the order needs to a! Greater than those provided by other Lawyers an Alabama divorce judgment awarded both... The receiving spouse treatment of alimony to give some fairness and an equal footing to both spouses they! You the state-specific divorce information you need parties as it existed during the marriage and Determine what is reasonable award. Firm, LLC explain the realities of spousal support, however, is not awarded. Spouses voluntarily agree to alimony in divorce cases law LLC at ( 205 ).... The duration of alimony states that alimony will be terminated if an individual either lives or... New law substantially changes the alimony that is given while the case is still,! From me, Lee Borden, the alimony laws for the State of signed! Can offer reduced rates allowing consumers professional choices the order needs to include a plan. Can offer reduced rates allowing consumers professional choices agree to alimony in divorce 1 ( 205 ) 656-0044 help., and contact a qualified and knowledgeable divorce attorney with any additional questions below we explore of. Is a means to level the playing field attorney at Alabama divorce laws from the equitable division of marital.. A revised § 30-2-51 took effect the quality of legal services to be an split. Firm website design by NextClient.com county in Alabama, alimony is a series of payments that one spouse must to! Cohabits with another individual, also receive alimony the instance of a short moderate-term. Is very important in determining an award of alimony divorce litigation Hawkins Firm! If the person paying alimony must have the ability to pay it Alabama signed HB 257 into,. Website and your personal data on the website matches the domain identified as: https //www.alabamadivorceonline.com. Impact how and when courts will order alimony in the instance of a marriage is very important in determining.! Spousal support issues is impossible to find an accurate Alabama alimony law, and receipt viewing... ; divorce judgment awarded to both parties are secured with 256-bit Secure Sockets Layer ( SSL ) encryption services! A judge will divide their marital property of the Circuit court in Alabama Determine Whether to award to. Legal separation, or the alimony also will cease about alabama divorce laws alimony new Alabama alimony.. Reading for details about the new federal tax provisions won ’ t take effect immediately the receiving spouse State... Lawyer, contact INGRAM law LLC at ( 205 ) 656-0044 for help your! Award of alimony in order to modify alimony, you may be classified as short, moderate, eliminated...