Answers to Your Alabama Alimony Questions

by Oyster Shell | Jul 26, 2022 | Division of Assets, Divorce

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.

Divorce: Expectations From Start to Finish

by Oyster Shell | Jul 20, 2022 | Division of Assets, Divorce

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.

Residency Requirements

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.