Articles Posted in Alimony

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No Alabama resident likes it when someone else owes them money and refuses to pay it. This is particularly true where the individuals may not have the best of relationships to begin with, as is often the case after a divorce.

No Alabama resident likes it when someone else owes them money and refuses to pay it. This is particularly true where the individuals may not have the best of relationships to begin with, as is often the case after a divorce.

For instance, when one spouse owes another spouse spousal support, the Alabama spouse who is owed the alimony payments can sometimes find it hard to actually collect on those payments, even in the face of a court’s order. Fortunately, there are methods to help individuals deal with the possible failure to pay alimony by the other spouse.

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Many Alabama residents describe their wedding day as one of the happiest in their lives. Yet, as the years go by, that sense of happiness fades away for many spouses, which puts a strain on the spouses and their family. Indeed, a broken marriage that continues may be more harmful to the spouses and their children.

Yet, despite the unhappiness, many spouses stay in the marriage. A recent study found the number one reason for this is because the spouses lack the courage to get a divorce. Coupled with this, another popular reason a spouse may stay in an unhappy marriage is because the spouse is fearful of what his or her financial situation will be without the other partner.

While it is common for spouses to worry about financial support, Alabama law provides relief for spouses after divorce, in the form of alimony. Alimony, or spousal support, is meant to limit the unfairness that might otherwise occur when spouses get a divorce, where one spouse earns substantially more income than the other.

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Many Alabama married couples are made up of spouses with different jobs and incomes. When these spouses get divorced, the disparity in income between spouses can trigger an award of alimony in favor of one spouse. Yet, current laws around the country are impacting the availability of alimony in certain cases.

Typically, alimony is rehabilitative, meaning it is geared toward allowing one spouse to receive payments while that spouse receives training and becomes self-supporting. For instance, if one spouse stayed at home with the kids for years of marriage, that spouse may not be immediately able to enter the labor market. Accordingly, the court might award spousal support to that spouse, paid by the other, while the recipient spouse gets education or training necessary to earn income on his or her own.

There are more permanent forms of spousal support available, however, depending upon the circumstances of a particular marriage. Yet, these laws could change if recent states’ laws take hold across the country.

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As many are aware, the Alabama workforce has changed dramatically from decades ago. Women, in particular, are no longer confined to staying at home. It should be no surprise then that when married couples get divorced, women are increasingly being ordered to pay spousal support.

Spousal support, or alimony, is ordered to alleviate any economic unfairness after a couple divorces. For instance, if a couple is married for 20 years and one spouse has a much higher paying job, it can put the other lower paid spouse in a difficult situation upon a divorce. Accordingly, an award of alimony may account for the discrepancy among the spouses’ financial abilities.

While each spouse’s income certainly plays into the court’s decision of whether to order alimony, there are a number of other factors courts consider. Among these are the length of the marriage, the amount of time it would take for the recipient to become financially independent and the ability of the paying spouse to support the other.

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Alabama couples know that going through a divorce is hard enough on its own. However, when one spouse is not only uncooperative but also misleading, it can make the process all the more difficult.

This is especially true for a spouse attempting to collect alimony who must deal with the other spouse’s unethical and illegal behavior in hiding assets. While a judge has a great deal of discretion in ordering alimony, one major criterion is the parties’ relative income. When couples have complex financial situations, including multiple accounts, it can be difficult to keep track of all of the assets at stake.

For instance, a spouse may create phony debt, overpay the IRS or defer salary only to collect on these amounts after the divorce proceedings. A spouse could also set up other accounts that are difficult to find or even stash money in a hidden location. While this increases the burden on the spouse who is attempting to collect alimony, it is also illegal on the part of the spouse who has the obligation to pay.