There must be proof of financial dependency and ability to pay to get alimony from one’s ex-spouse. The divorce attorneys Birmingham AL can help you learn more about alimony in Alabama, including if you are eligible.
If the spouse obtains independent or any marital assets in an equitable property distribution that will provide enough support without maintenance, a court will first evaluate the spouse’s need. In other words, the amount of alimony to be paid is decided after the property has been divided. Unless the spouse utilized the separate property as a source of income throughout the marriage, the court would not consider it part of the paying spouse’s capacity to give support.
The court will additionally take into account the following while determining a person’s eligibility for support:
- the age and health of each spouse
- the quality of living for each spouse throughout the marriage
- the degree to which each spouse bears responsibility for the breakdown of the marriage
- the possibilities for each spouse’s post-divorce job
Marital property costs are linked to domestic violence, excessive spending, destruction, concealment, fraudulent disposal of marital property, and any other reason that the court deems fair in determining the amount of marital property each party receives.
Monthly payments or a One-Time Payment?
Most alimony payments are made regularly, usually every two weeks or every month. When a court usually imposes a support order, it also puts a levy on wages. For example, an income withholding order includes details on why the order was issued, who the paying spouse is, and the amount and frequency of payments. Payroll must begin withholding the support amount from each paycheck when the employer gets the paperwork.
A lump-sum payment in the whole alimony payable may be made in specific instances. Instead of making bi-weekly or monthly payments for five years, if one spouse possesses more personal than the other, the paying spouse may hand over the valued property. This eliminates the responsibility for continued support.
The recipient spouse may file a contempt petition with the court seeking to execute the order if a person fails to pay court-ordered support. Penalties for non-compliance with a court judgment include:
- Fines and interest.
- An increase in the amount of time the child support is paid for.
- The garnishment of tax returns and bank accounts.
A set formula does not determine the amount and length of alimony in Alabama. Each case is unique, and the judge can determine the appropriate award based on the facts and circumstances.
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