Alimony Issues in Family Law Cases in Alabama

CAN ALIMONY BE PAID THROUGH THE STATE COURT SYSTEM?

  1. My spouse has agreed to pay me alimony in the divorce. Can I have the alimony withheld via garnishment?
  2. No, the alimony can’t be garnished through the State of Alabama as in the case of child support. However, your spouse can agree to a payroll deposit or allotment if you want to have the money debited directly from your spouse’s check.

CAN MY ALIMONY PAYMENTS BE TERMINATED?

  1. I moved in with my boyfriend after my divorce and now my ex-spouse is trying to recover alimony from the time I moved in. Is this possible?
  2. Yes, Periodic alimony terminates if you die, remarry, or cohabitate. If you did not inform your ex and continued to receive alimony payments he can ask the court to reimburse him.

Of course, it is in the Judge’s discretion whether or not to Order reimbursement.

DO COURTS AWARD ALIMONY?

  1. Do Judge’s still Order Alimony? How is it calculated?
  2. Yes, alimony is still Ordered by the Court and the amount is within the Judge’s discretion. The factors used to calculate alimony include: The length of marriage, the standard of living the parties enjoyed, age, health, earning ability and education, and fault.

CAN I RECEIVE TEMPORARY ALIMONY OR SUPPORT WHILE MY CASE IS PENDING?

  1. How long it will take to get temporary alimony if I file for divorce?
  2. This is going to depend on the Judge and the county in which the case is filed. Each Court has it’s own time table for setting cases and there is no time limit placed on when they can set the case. Usually, in an emergency case, we can get a court date in thirty to sixty days. However, this is not absolute.
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