Divorce and Family Law Attorney Assisting Divorcing Couples in Northern Alabama get Alimony
Whether you are going through a divorce, modifying an existing alimony order, or involved in a case for unpaid alimony or spousal support, it is important that you know what to expect. Please call (800) 621-3591 or contact us to speak to an experienced alimony or spousal support attorney in Decatur or Huntsville, Alabama today. We handle alimony cases in Huntsville, Decatur, Athens, Hartselle and other cities throughout north Alabama.
Alimony
If you are going through a divorce determining the amount of alimony may be one of the most difficult issues. Division of marital property goes hand in hand with alimony. Please read our property division page to learn more. We understand that every situation is unique. Our clients are sometimes surprised by the types of things that can impact alimony. A consultation with an experienced alimony lawyer can provide you with the peace of mind of knowing what to expect and your options going forward.
There are different types of alimony in Alabama, including:
- Alimony during litigation
- Periodic alimony
- Permanent alimony
- Rehabilitative alimony
- Alimony in gross
- Lump sum alimony
- Integrated alimony
Periodic alimony is awarded to the dependent spouse. The dependent spouse must prove they will not be able to maintain the same standard or lifestyle as they did during the marriage. The payments are typically made monthly. The court will set the amount to place the dependent spouse in a similar position they were in during the marriage. Periodic alimony payments that qualify are included in the taxable income of the receiving spouse and are deducted by the paying spouse. The specific arrangement and substance may change the tax effects.
The numerous factors that determine the amount of alimony include the following:
- Lifestyle during marriage
- Length of marriage
- Fault for marriage breakdown
- Future employment prospects
An experienced Alabama alimony attorney will investigate numerous factors to determine the best way to handle your situation. You may be able to agree on alimony and avoid going to court. However, if you cannot agree on alimony an experienced alimony trial lawyer will protect your rights by ensuring the proper evidence is presented to the court.
Modifying Alimony
If you already have an alimony order and circumstances change, the amount of alimony may need to be modified to fit the new situation. The amount of alimony ordered may be increased or decreased. Only the alimony payments that come due after a petition is filed with the court may be modified.
Alabama courts may consider multiple factors for alimony modification, including:
- Each spouse’s ability to earn income
- The receiving spouse’s needs
- The paying spouse’s ability to pay
- Remarriage
A change that occurs after the alimony order is in place must be “material” to modify alimony. Whether a specific change rises to the level necessary to modify the amount of alimony largely rests with the court. Every case is unique and an experienced Alabama alimony lawyer can help you present all relevant facts in your alimony modification case. You may be able to reach a modification agreement and avoid the time and expense of court proceedings.
Alimony may be terminated in certain situations. For example, when the spouse receiving court ordered periodic alimony remarries or openly lives with a member of the opposite sex, alimony may be terminated. The paying spouse must petition the court to terminate the payments. However, if the parties agreed that the payments would not terminate if these changes occurred, alimony may not be terminated.
Enforcing Alimony
When alimony has been ordered and not paid, enforcement actions occur. Spouses that do not pay court ordered alimony in Alabama could face penalties, including jail time. An alimony attorney may be able to help establish a payment plan for past due alimony.
You may be able to negotiate an agreement with the other party. Mediation is an option that allows a neutral third party to help negotiate a settlement. Mediation is confidential and the parties are not forced to reach an agreement. Mediators are typically experienced attorneys or retired judges that aid the parties in reaching a settlement agreement.
Please call (800) 621-3591 or contact us to speak with an experienced alimony attorney in Huntsville or Decatur, Alabama, today. Whether you are going through a divorce, seeking a modification, or are involved in an alimony enforcement case, we will give our honest evaluation of your situation so you know what to expect and your options going forward.