In Alabama alimony is discretionary. This means that the presiding judge over a divorce case will decide whether a spouse should be awarded alimony and how much alimony that spouse will be awarded. As a rule of thumb, long marriages are a more likely candidate for an alimony determination. However, this is not always the case. Instead, the court will take other factors into consideration.
The factors are not all inclusive, and they are not always weighted equally.
The factors that are considered are as follows:
· Length of the marriage
· Age and the health of each spouse
· Ability of each spouse to be self-supporting
· Cause of the breakdown of the marriage
· Income of both parties
· Standard of living during the marriage
The court will also consider whether there is some factor that is unique to a particular marriage. For example, it would be significant if one spouse put a career or education on hold to raise a family or to allow the other spouse to complete their education or advance at work. In these situations, the court is more likely to award alimony to the spouse that provided the at home support necessary to allow the other spouse to advance in school or career.
If you are facing a divorce and are concerned about alimony, it is important to consult with an experienced domestic law attorney. Give us a call at 205-581-9790 and let us help you navigate your divorce.