Learn more about child custody from Herlihy Law’s own Walter Gewin, as he discusses custody cases for unmarried parties and dependency cases with Dan Brennan at FM Talk 106.5.
If I get divorced, would I be able to get alimony? Could I have to PAY alimony? These are some of the most common questions we get from clients who are getting divorced.
The purpose of alimony is to maintain the lifestyle of a financially dependent spouse after a divorce. Alimony is based on both the dependent spouse’s need and the paying spouse’ ability to pay. If both you and your spouse are gainfully employed and self-supporting, then your case is not an alimony case.
There have been some big changes in Alabama’s alimony statute over the past few years. Our statute currently provides that, if alimony is appropriate, then rehabilitative alimony is strongly preferred after a divorce. Rehabilitative alimony lasts for a specific period of time after the divorce and is designed to help the financially dependent spouse get back on their feet so they can be self-supporting in the future. Our current law provides that rehabilitative alimony shall only be paid for up to five years following the divorce, absent exceptional circumstances.
If the court finds that rehabilitative alimony is not feasible or if the parties have been married for more than twenty years, then the Court can award periodic alimony, which is does not have a set termination date. If the parties are married less than twenty years, then the alimony cannot be of a longer duration than the length of the marriage.
The other big change regarding Alabama’s alimony law just became effective July 1, 2022. In years past, alimony has always terminated if the receiving spouse gets remarried or cohabitates with a member of the opposite sex. Now, the law provides that alimony terminates upon remarriage or cohabitation with any individual and defines cohabitation as:
two adults dwelling together continually and habitually in a private heterosexual or homosexual relationship, even if the relationship is not solemnized by marriage, evidenced by the voluntary mutual assumption of those marital rights, duties, and obligations that are usually manifested by married individuals, and which include, but are not necessarily dependent on, sexual relations.
Ala. Code 30-2-55 Termination of alimony upon remarriage or cohabitation (Code Of Alabama (2022 Edition)).
If you are already divorced, these recent changes could affect your receipt of or obligation to pay alimony. Contact us today to schedule a consultation to discuss further.
A divorce might be the hardest thing you will ever go through. We would like to share some of the things we’ve seen and heard from our experiences. Oftentimes, there are many expectations around divorce, and we will assist you from start to finish. We want you to understand everything about your situation so that you are aware and better prepared.
First, there are some residency requirements within the state of Alabama that must be met before applying.
If both parties are residents in Alabama, a divorce can be filed at any time. If the main party filing for the divorce is a resident of Alabama and the other spouse lives in another state, the main party must have been a resident in Alabama for over six months before applying.
Contested vs. Uncontested
If the spouse agrees to the divorce and signs the agreement paperwork stating that they agree to all of the terms, this is known as an ‘uncontested divorce.’ In an uncontested divorce, nothing is filed with the Court until both parties have signed the agreement and other required paperwork.
If the spouse refuses to sign an agreement, that is known as a ‘contested divorce.’ A contested divorce begins by filing a Complaint for Divorce and having the opposing party personally served. Your case will then eventually be set for trial, but the majority of cases still settled out of court without a trial, even if they start out as contested.
If you have a trial, both parties present their evidence, and the Judge makes a decision about all issues in the case. You can check out more information on uncontested divorce and contested divorce here.
Issues to be Addressed in a Divorce
Last, if there are assets involved such as properties or other finances, out-of-court meetings may be necessary to resolve these or, if needed, in-court hearings or trial. This also goes for custody and visitation of mutual children, child support, and spousal support, if applicable.
We here at Herlihy Family Law are dedicated to making divorces as smooth and painless as possible. From child support, child custody contested divorces, and uncontested divorces we are with you every step of the way. Divorces can be easy. Contact us now by phone or email to book an appointment and start your divorce process sooner rather than later.
Alabama’s Child Support Guidelines have been amended, effective May 1, 2022, incorporating significant changes to the prior child support guidelines. Some of the most important key changes are as follows:
- All of the support amounts have increased.
- The cap for the maximum combined family income for both parents is now $30,000 per month instead of $20,000 per month.
- The guidelines take into consideration which parent is paying all or part of both health insurance and work-related child care, essentially giving that parent a credit for same; whereas the old guidelines only credited the parent who pays health insurance.
- The new guidelines include a subsistence-level self-support reserve amount to insure that paying parents who are below a certain income level still have income left to pay for their own basic needs.
Whether you have a pre-existing child support order, a divorce decree, or subsequent modification order, these changes to the child support law could potentially result in a decrease or increase of the child support amount from your prior order.
If you would like to discuss a possible child support modification, contact our office for a consultation.
When you are in the midst of a divorce, it can be hard to know which way is up or to keep your bearings. Take a deep breath! For now, you need to keep your wits about you and remain grounded. Avoid these common pitfalls as you navigate the process and take steps towards establishing your new life. (You can see our divorce attorney services here).
1. Letting Your Emotions Lead Your Financial Decisions
Don’t text or email your partner angry. A sharp tongue is not going to win you any favors with your soon-to-be-ex. It’s better to keep communication just to the necessities right now around your shared responsibilities. The old adages that anything you say can be used against you and think with your head and not your heart ring true for a reason. A divorce is like a business transaction. A journal is a much better place for documenting transgressions and letting out anger, and it makes for a good record for later.
2. Expecting a Big Windfall Right Out of The Gates
Two households now must exist on the same income that used to support one. If you were the primary breadwinner in your family, expect to pay child support. However, once you are single, you can begin to control the budget a little more and start to use your income at your own discretion.
3. Fighting About Things You Don’t Care About
If it doesn’t matter to you, let it go. It‘s tempting to spite your spouse by fighting over petty things, but it distracts from more important matters and could cost you legal fees. On the other hand, don’t take a passive role in your divorce or assume it’s all being handled. You need to take an active stance and fight for what is important to you.
4. Not asking your spouse for all pertinent financial records or hiding assets.
Collect as much documentation as you can before your divorce starts. Obtain copies of tax returns, bank statements, wills, loans, credit card statements, deeds to property, car registration, business policies, and insurance policies.
If all assets are not properly disclosed, your divorce could take months longer as your case goes through the discovery process.
5. Starting a Business or Make a Big Purchase
Consult with a divorce lawyer before starting a business or making a major purchase. If you use marital income or assets to finance your business or make a major purchase, you may complicate assets that must later be divided during divorce.
6. Spreading the News Around Town
If possible, skip the big Facebook posts and make a private announcement to friends and family instead. Some people take it a step further and wait to announce the split until the divorce is finalized. Remember, social media posts can be used against you in divorce proceedings, and proceed with caution before you badmouth your ex publicly.
7. Involving The Kids
Keep your kid’s life as close to normal as possible. It will save your kids unnecessary heartache, and you will fare better in court.
8. Not Obtaining Quality Legal Advice
You don’t need to navigate this process alone. If you have questions on the best way to proceed with your separation, Herlihy Family Law is here to help you through the process. Call our divorce lawyers at 251-432-7909. Serving the greater mobile area Mobile, Saraland, Satsuma, Fairhope, Daphne, Spanish Fort, and Foley.