When couples are married for more than 10 years, the divorce process can become much more complicated. By being married for 10 years or more, the asset distribution is opened up significantly.
Not only can your ex-spouse be entitled to your retirement benefits, but your ex-spouse can also be entitled to alimony. Alimony is ordered by the court as a means of providing financial support to the spouse who was financially supported during the marriage.
In a divorce proceeding arising out of Madison County, Alabama in the case of Knight v. Knight, a wife was awarded alimony despite the fact that she had sufficient income to support herself. Here, the wife and the husband had been married for 43 years. The wife testified before the trial court that she currently had a job at WalMart earning $1,166 every two weeks; while on the other hand, the husband testified that he was employed at the Department of Defense making $160,000 annually.
The trial court award the wife one-half of the husband’s disposable military retirement pay, ordered the husband to continue to pay the wife’s health insurance coverage, and order the husband to pay $2,000 a month in periodic alimony.
Accordingly, the husband appealed arguing the alimony award should be reversed due to the wife having sufficient income and assets to pay her monthly expenses. However, the Court of Civil Appeals disagreed. Specifically, the appellate court found that being able to meet one’s monthly expenses does not equate to being able to engage in the lifestyle that one had while married; therefore, the alimony award was upheld.
If you are thinking about ending your marriage and are wondering if you are entitled to alimony or are going to be subjected to alimony payments, it is your best interest to seek out advice from a divorce attorney before going to court.
Alimony is not a right and no one automatically receives it; alimony requires a skilled attorney to prove that you need and deserve alimony to the court. Please contact Birmingham Divorce Lawyer Joseph A. Ingram at Ingram Law, LLC for a well-versed divorce attorney who will work zealously to ensure that you are properly provided for. Please call (205) 335-2640.