North Alabama Lawyers Take on Alimony Negotiations and Disputes
Huntsville family law attorneys litigate spousal support matters
Serious disagreements over alimony can arise in a divorce when one spouse is the primary breadwinner and the other takes care of the home and children. When consensus canât be reached on financial support during and after a divorce, Amy A. Slayden Family Law P.C. aggressively advocates for North Alabama clients in court. From our office in Huntsville, we assist prospective paying and recipient spouses in alimony negotiations, mediation and litigation.
Knowledgeable advisers explain factors used in alimony determinations
Courts evaluate a wide range of factors during alimony determinations. Even if you are committed to resolving spousal support questions outside of court, understanding the legal framework will help you negotiate from a position of strength. Key items to consider include:
- Assets and earning ability â To decide if alimony is justified, it is crucial to assess each partyâs assets and earning ability. Depending on the length of the marriage, retirement benefits might be incorporated into the calculation.
- Age and health â It can be difficult for older people or individuals with health problems to acquire new job skills or adjust to a daily work routine.
- Standard of living â Courts can look at possible changes in the potential alimony recipientâs lifestyle after a divorce. A different standard of living can be particularly disruptive if the party seeking spousal support is raising children or has lived in the marital home for many years.
- Contributions of each party â Spouses who supported their partner while they were in school or engaged in career training might be entitled to payment based on that contribution.
Our accomplished family law attorneys examine the facts in your case and develop a sound strategy to maximize the likelihood of a positive result.
Proven advocates represent potential paying and recipient spouses
After a divorce, alimony is often intended to allow rehabilitation for one party so the individual can earn a suitable living. Payments are frequently set for a time period that enables the recipient to obtain necessary education or job training. Several types of payments can be ordered, such as:
- Temporary â Once a divorce case is initiated, the court can order one spouse to make payments to the other while the proceeding is pending. Sometimes referred to as pendente lite alimony, this obligation ends once the dissolution is finalized.
- Periodic â Changes to Alabama law have limited the duration of most periodic alimony awards. Usually, obligations cannot last longer than five years. When good cause is shown, payments can last as long as the marriage, but not longer. An exception applies in cases where the couple has been married for at least 20 years.
- Permanent â Whatâs known as permanent alimony has become much rarer and does not necessarily last a lifetime. As society has changed, courts frequently find that even a party who has not worked outside the home for some time can become self-supporting. However, in some cases, age, a physical condition or child-care responsibilities might justify extended payments.
- Lump sum â In some instances, one or both parties might prefer to handle alimony obligations through one lump-sum payment instead of installments. This allows spouses to end their financial ties once their marriage is terminated and averts potential modification and enforcement actions down the road.
Alimony obligations usually remain the same until the prescribed period expires, one of the parties dies or the recipient spouse remarries or cohabits with a new partner. However, if a substantial change in circumstances occurs, we can advise you regarding possible modification.
Contact an aggressive Alabama divorce lawyer to discuss your alimony issue
Amy A. Slayden Family Law P.C. in Huntsville assists divorcing spouses throughout North Alabama in alimony disputes and other matters. Please call 256-529-4437 or contact us online to make an appointment for a consultation.