If you are considering divorce or are currently in the process of divorce, alimony may very well be an issue you have to contend with. Whether you are the spouse requesting alimony, or you are the spouse that is being asked to pay alimony, it is important that you understand these 4 facts about spousal support in Alabama.
1. Permanent Alimony Isn’t Actually “Permanent”
Although many people reference “temporary” and “permanent” alimony, there rarely is any alimony awarded that is truly permanent. Temporary alimony is often awarded in cases where the lesser earning spouse needs some time to get back on their feet after a divorce. This is generally a specified time frame, and is calculated based on how long the court expects it will take for the receiving spouse to begin adequately supporting themselves. Long term alimony is generally only awarded in rare cases where the receiving spouse is disabled or elderly, or otherwise unable to provide for themselves.
2. The Length of the Marriage Matters
How long the marriage lasted is perhaps one of the biggest factors in determining if alimony will be awarded and for how long. In short marriages, neither spouse has had very much time to contribute towards a standard of living, and are generally capable of resuming single life very easily. However, Alabama courts will often award alimony in cases of marriages that lasted several years or more.
3. Pre-Marriage Property May Not Be Considered When Calculating Ability to Pay
Generally speaking, a court will not calculate property that was accumulated before the marriage or property that was inherited as assets that can be used to pay alimony. If the equitable division of assets resulted in both spouses receiving substantial assets, alimony may not be awarded at all. An exception to this rule would be any property or assets that were used for income purposes during the marriage.
4. The Recipient Must Pay Taxes On Alimony
The recipient must pay taxes on the alimony they are awarded, whether in a lump sum or divvied out payments. However, the paying spouse can claim tax deductions on the alimony they are paying out. Consult with a qualified attorney to determine if you are correctly filing your alimony payments on your taxes.
Contact a Blount County Alimony Attorney Today
Alimony can be a source of contention among two spouses, and depending on what each spouse stands to lose or gain from the award of alimony, the process can become lengthy and frustrating. Whether you are requesting alimony for yourself after a divorce or your ex-spouse has requested that you pay alimony, it is critical that you have a seasoned Blount County, Alabama alimony lawyer on your side to advocate for your rights.
At the Law Firm of Ted Williams Jr., LLC we have the expertise and resources to guide you through the spousal support process, and will zealously fight for an outcome in your favor. Contact us today at (205) 623-4443 or (205) 625-5211 to schedule a consultation.