Alimony and Spousal Support: Balancing The Scales After A Divorce
After a divorce, one partner can seek alimony from the other (that is, in short, financial support). This is not to be confused with temporary support (or Pendente Lite) that a spouse can seek DURING the divorce proceeding, even if no children are involved. The whole purpose of such spousal support is to ensure the economic stability of the partner left in the most dire straits as a result of the separation. Here at the Eversole Law Firm in Birmingham, Alabama, we aggressively defend the rights of clients in the surrounding areas (such as Shelby, Jefferson, and Madison counties, to name a few), as well as throughout the whole state of Alabama. Our objective is not just to guide you through the divorce process, but also to ensure you come out the other side with some measure of financial security. That is why our firm's founder, Steven D. Eversole, takes such an aggressive stance on the issue of alimony and spousal support; he's a veteran of countless divorce cases, but that hasn't left him so jaded as to think the outcome of such cases cannot, when all is said and done, still be fair.
How Does The Court Determine The Amount of Alimony?
There is no single answer to this question. The court takes into account several factors. However, two obvious but fundamental questions rest at the heart of the matter. First, how much does the party seeking alimony need, within reason? Second, what capacity does the party ordered to pay alimony have to meet those needs (in other words, income, expenses, etc.)? You may be surprised to know the court can also consider such variables as the age, gender, and health of the two spouses, the duration of the marriage, and whether or not there was any misconduct by one of the spouses during the marriage.
How Is Alimony or Spousal Support Enforced in Alabama?
The court does not monitor the compliance of its alimony order, but it will intervene if asked to do so by one of the parties involved. Failure to comply with an alimony order can result in a wide range of civil or criminal penalties ranging from garnished wages to fines, a bench warrant for the person's arrest, and even jail time.
Can You Change An Alimony Order After A Divorce?
Yes, but the court must first find that material circumstances have changed enough to warrant such an alteration to the alimony order. There are many factors that go into this determination, and if you are interested in pursuing a modification to an alimony or spousal support order, you can learn more about the process and how we can help by contacting us for a free initial consultation. Steven Eversole brings to bear a deep well of knowledge on these matters, as you can see for yourself by visiting his blog, the only one of its kind in the state of Alabama.