Spousal Support-Will I Receive It?

There are two types of spousal support: permanent and temporary. Permanent spousal support is becoming increasingly rare, and generally is long term rather than permanent. This type of spousal support is generally reserved for longer marriages where one spouse was the homemaker for an extended period of time. Temporary spousal support is generally for shorter marriages and meant to be rehabilitative. According to the Code of Alabama, spousal support is evaluated on a case-by-case basis. Several factors that will be considered are :

  • Length of the marriage;
  • The financial need of one spouse and the ability of the other spouse to pay;
  • Standard of living;
  • Future opportunity to gain income/assets;
  • The needs of any dependent children;
  • Any marital misconduct by either spouse

Any property acquired prior to the marriage or by inheritance or gift may not be considered in determining the spousal support amount. Emergency spousal support may also be awarded during the process of the divorce if certain factors are met. If you have questions about spousal support, or are seeking spousal support, our attorneys can advise you of your options and assist you through the process.