When parties get divorced, oftentimes a party will ask, “Am I entitled to any alimony from my ex-spouse?” Generally speaking, alimony is intended to financially maintain or support a person either temporarily while a divorce is pending, or after the divorce is final.  But there are several important things to know about alimony. 

3 Things to Know About Alimony in Family Law and Divorces

1. There are several different types of alimony that a court can award.

Alimony can take several forms, and it is important to distinguish one from another.  First, alimony can be awarded either while a divorce is pending, which is known synonymously as temporary alimony or as alimony pendente lite.  Without further order from the Court, this type of alimony ends when the case concludes. 

Alimony can also be ordered to be paid after the case is concluded.  Periodic alimony is alimony that is made, not surprisingly, on a periodic basis—either monthly, weekly, etc.—for the support of the other spouse.  The amount to be paid is fixed, as is the duration of time during which the amount must be paid. Permanent alimony is alimony that is paid by one spouse to the other, also on a periodic basis.  However, the duration of permanent alimony is not certain, which is what distinguishes periodic alimony from permanent alimony.  A third type of alimony is alimony is gross.  This type of alimony is considered to be in the nature of a property settlement, which is to say that one party owes alimony payments to the other as a means of dividing up the assets of the marriage.  This is to be distinguished from alimony that is intended to provide for the future financial needs of a spouse.  As you will see below, the distinction between types of alimony has important implications.

2. There are a number of factors a court considers in determining whether to award alimony.

Importantly, a court has wide discretion in deciding whether and, if so, how much alimony to award a spouse as part of a divorce.  In making its decision, a court will often consider a number of factors, such as: How long the parties have been married; the need of one party and the earning ability of the other; the roles of each spouse during the marriage; and the conduct of the each party during the marriage.

3. Some types of alimony can be modified and some cannot.

This is perhaps the most important thing to know about alimony.  When a court orders alimony, that does not necessarily mean that the other spouse can’t attempt to modify the amount he or she must pay at a later date.  For example, both periodic and permanent alimony may be modified by a court if one person’s needs change or the other person’s ability to pay changes. On the other hand, alimony in gross may not be modified, regardless of any change in circumstances of the parties.  This is because alimony in gross is, at its core, considered to be in the nature of a property settlement.  Thus, in addition to considering whether you are eligible for alimony, it is crucial to consider whether the alimony awarded or being considered as part of an agreement can be modified in the future. 

If you want to learn more about alimony or divorce proceedings, turn to the compassionate team at J.P. Coleman Law, LLC. Located in Robertsdale, AL, the attorneys at J.P. Coleman Law, LLC represent clients in both Baldwin and Mobile Counties. To learn more about the services we offer, visit our website.To schedule a initial free consultation, call at (251) 947-6247 today.