Alimony Lawyer Huntsville, AL
Alimony, also referred to as spousal support or spousal maintenance, can help a spouse who earns less than the other spouse in order to avoid financial hardship while going through and following a divorce. When a married couple gets divorce in Alabama, there is no guarantee that one spouse will be required to pay the other one alimony and usually is dependent on certain circumstances. An alimony lawyer Huntsville, AL clients recommend from Charlotte Christian Law can evaluate your situation and determine if the divorce judge overseeing your case will order alimony.
Prenuptial or Postnuptial Agreement
One of the ways that guarantee alimony will be paid is if the couple drafted a prenuptial agreement prior to getting married or a postnuptial agreement after they were married that specifies what alimony arrangements will be should the couple divorce. It is critical that the agreement meets all the criteria required by Alabama law in order for it to be valid. If one of the spouses signed the agreement under duress, the provisions outlined in the agreement are unfair, or otherwise don’t meet the guidelines set forth under Alabama law, then the court may declare the agreement as invalid. This is why it is always important to have any agreement reviewed by an attorney.
As a Huntsville, AL alimony lawyer can explain, the court will consider certain factors when determining if alimony should be awarded to one of the spouses. Some of these factors include:
- The length of the marriage
- The standard of living established by the couple
- The age of the spouses
- The health of the spouses
- How the marital estate is being divided
- The conduct of each of the spouse’s that led up to the divorce
- Each spouse’s income
- Each spouse’s employability
- The amount of time needed for the spouse who is seeking alimony to obtain training, education, and employment in order be self-supporting
In most situations, any alimony that is awarded is usually temporary, with the purpose being to give the receiving spouse time to become financially independent. There are circumstances, however, where the court will award permanent alimony, such as when a marriage lasted two or more decades. Whether the alimony is temporary or permanent, these payments do end if the spouse receiving the alimony remarries.
It is also important to note that alimony can be awarded to either spouse. Many people think that alimony is only awarded to wives, but husbands can also petition the court to receive alimony. In 1979, the United States Supreme Court ruled that wives can also be ordered to pay their husbands alimony if sufficient factors exist. Ironically, the case that the justices made this ruling on, Orr v. Orr, was an Alabama divorce case.
Call Our Office for Legal Assistance
If you are going through a divorce and believe that alimony will be an issue, contact Charlotte Christian Law, P.C. to schedule a free and confidential consultation with an alimony lawyer in Huntsville, AL.