Alabama Alimony / Spousal Support

Alabama alimony, also referred to as spousal support is the amount of money one spouse pays to the other, by court order or through agreement of the parties, for support and maintenance.

Spousal support is intended to preserve the economic status of both parties, as it existed during the marriage.

Types of Alimony Awarded in Alabama

In Alabama, pending an action for divorce the court may make an allowance for spousal support. This is called Pendente Lite alimony. Either spouse can receive alimony for the period of time it takes to prosecute the complaint for divorce.

Rehabilitative alimony is sometimes awarded in short term marriages. An example would be where one spouse needs support for a limited amount of time until they have the ability to transition back into the work force.

An award of alimony in Alabama is discretionary. Spousal support is only awarded when it can show the need of one party AND the ability of the other party to pay.

• Duration of the marriage
• Earning capacity of both parties
• Age, as well as physical, mental, and emotional state of each party
• Other income, including but not limited to interest and dividends.
• The contribution by one spouse to education and furtherance of career of the other
• The conduct of the parties (by Alabama statute, misconduct by either party can be considered in determining whether to award alimony);
• The contribution of one spouse as a homemaker
• Any other factors the court determines relevant

Termination of Alimony in Alabama

Spousal support in Alabama terminates upon the death of either spouse, or the remarriage or cohabitation of the receiving spouse. In Alabama for cohabitation to be sufficient to terminate alimony, it must show permanence, for example sharing a dwelling, ceasing to date others, contribution of the cohabitant to the support of the spouse that is receiving alimony delivery of mail to the cohabitant at the shared residence and voter registration.

Spousal support also terminates at the end of the term of the periodic alimony.

Alabama statutes for divorce and alimony can be found here: http://alisondb.legislature.state.al.us/acas/codeofalabama/1975/128821.htm

2009 Alabama Code Title 30 MARITAL AND DOMESTIC RELATIONS-Chapter 2 DIVORCE AND ALIMONY-Section 30-2-50 Allowance for support during pendency of action.

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