By Chris Kramer
Under state divorce laws the Alabama divorce court can order an alimony award while the divorce is pending until the final divorce decree, know as temporary alimony.
Alimony, which may be referred to as spousal support or maintenance, will be based on the size of the supporting spouse's estate and the standard of living established during the marriage.
When the divorce is final, the Alabama divorce court will decide whether or not to award an "allowance" from the other spouse's estate. Nonmarital property can not be counted as part of the supporting spouse's estate.
However, the divorce court can include retirement benefits if the couple has been married for at least 10 years while earning the retirement benefits. Any retirement benefits earned before the marriage aren't counted.
The spouse being supported doesn't receive retirement benefits from the supporting spouse until he or she receives them or the couples agrees on lump-sum alimony.
If the Alabama grounds for divorce were based on one spouse's misconduct, the Alabama divorce court may take the misconduct into consideration when awarding alimony.
The divorce court can modify alimony awards when one of the spouses petitions the court with proof that the spouse being supported has remarried or is openly co-habitating with a member of the opposite sex.
Find out how much alimony you can expect to pay or receive by speaking with a local Alabama divorce lawyer about the circumstances of your divorce.
Connect with an Alabama divorce attorney near you today by calling 877-349-1310 or filling out an Alabama divorce case review form.
The above synopsis of Alabama divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local Alabama divorce lawyer in your area.
Alabama divorce laws were last updated May 2009.
Note: Keep in mind that all divorce laws are complex. If you need legal divorce advice or want to fully understand how these laws affect you, please speak with a local divorce attorney.