An award of alimony in Alabama is completely discretionary with the court. It is awarded only upon a showing of need by one spouse coupled with a showing of ability to pay by the other spouse. Unlike child support, there is no statutory formula to determine the amount or if any award will be made at all. In making its determination, the court will consider the following:
*The length of the marriage (rarely awarded in marriages of less than 12 years and generally reserved where one spouse has been dependent upon the other for most of the marriage);
*Each party’s respective earning ability and future earning prospects;
The ages and health of each party;
*The value and type of property owned by the parties;
*Conduct of the parties during the marriage (misconduct, such as infidelity, can be considered in determining whether to award alimony and how much to award);
*Any other factors the court deems relevant.
If you have any alimony questions, please give me a call. JDF (205)912-8247. This blog post comes from a post by Melinda Parks. To see the original posting follow this link: http://mjparkslaw.wordpress.com/
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