Alimony & Spousal Maintenance

Alimony and Spousal Maintenance Attorney

In the state of Alabama, alimony — frequently referred to as spousal maintenance — is commonly awarded by the family court in a divorce proceeding where the marriage has gone on for a number of years and in which one of the spouses contributed significantly more to the overall household income.

The amount of alimony that is awarded depends on a holistic, discretionary assessment of various factors, and as such, it is critical that you work with a skilled and experienced attorney who will be able to effectively convince the court of your argument for/against the alimony award. There is no clear method with which courts are expected to assess the various factors that influence an alimony award. Alabama courts are empowered to use their discretion in assessing such factors given the particular circumstances of each case.

The factors assessed by Alabama courts include, but are not necessarily limited, to:

  • Individual spousal income — essentially, whether one spouse has a financial need for alimony, and whether one spouse has the financial ability to pay such alimony.
  • The education level of each spouse.
    Potential career growth and earning potential for each spouse, accounting for age.
  • Marriage length.
  • The quality of life over the course of the marriage.
  • Whether a spouse has dependent children.
  • If a spouse behaved in such a way as to contribute to the premature end of the marriage contract.
  • Independent assets of each spouse, aside from income.
  • The health of each spouse (both from a mental and physical perspective).
  • An experienced alimony attorney understands that the court may exercise its discretion in determining how an alimony award will be affected by these factors, and the circumstances of the case, and will be able to construct a persuasive argument in your favor.

Skilled Alimony Attorney for Jefferson and Shelby County Courts

Alimony is quite flexible, as per Alabama law. For example, a court may decide to award temporary alimony to help cover expenses while the divorce is being processed.

In fact, temporary alimony is the standard. Though the courts are empowered to award permanent alimony, it is increasingly uncommon, except in situations where both spouses are already seniors and the circumstances uniquely point to the justice of such an alimony arrangement. Generally speaking, if significant alimony is required, the court will simply award a long-term payment of alimony, as opposed to a permanent one.

The payment schedule is not standard. The court may vary the schedule to suit the circumstances. A court may, for example, require that you pay alimony every week — though monthly payments are more standard.

Even when alimony has been ordered, the award can be modified as the circumstances of each spouse’s life changes. Under Alabama law, a material change in circumstances may entitle the paying spouse to modification of the award (i.e., if the income level of the receiving spouse jumps significantly), or even termination of the award entirely. For example, if a spouse gets remarried, then an alimony order will typically be terminated by the court.

Call an Experienced Alabama Alimony Lawyer Today

Attorney Daniel Chambers has dedicated his career to helping clients successfully resolve their various family law issues in Birmingham and the surrounding areas. He understands that alimony and spousal maintenance issues in a divorce proceeding can be complicated, and is personally available to answer any questions or concerns you may have throughout the process. To discuss your alimony issues with a skilled Hoover, Alabama divorce lawyer, contact Daniel H. Chambers, Attorney-at-Law, PC, by calling 205-913-4057. You can also schedule your initial consultation by contacting Attorney Chambers online.

We have used Daniel Chambers for legal services on several occasions since 2007 with excellent results. He has assisted our family in each matter with a professional yet tenacious manner. He has always been upfront about possible outcomes and honest about how to appropriately deal with challenging situations. I have recommended him several times over and will continue to do so. He has been an incredible asset to have on our legal team and we have always been satisfied with the results.

Melissa Childers

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    Daniel H. Chambers Attorney at Law, P.C.
    2081 Columbiana Road, Suite 3
    Vestavia Hills, AL 35216

    t. 205.913.4057


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