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Family Law AdvisorŪ
Frequently Asked Questions

I have heard people talk about alimony. What is alimony? Alimony is court ordered spousal support. It can be awarded as a set lump sum (alimony in gross) or as periodic payments that terminate under certain circumstances, such as remarriage of the receiving spouse, death of either spouse, or the cohabiting of the receiving spouse as defined in the Alabama Code. Is alimony guaranteed in every case? No. The award of alimony is in the discretion of the judge. How does the judge determine when and how much alimony to award? There are a number of factors the Court considers, including such things as the length of the marriage, the standard of living of the parties, the parties' future prospects for income and maintaining the standard of living after the divorce, the age, sex and health of the parties, the sources of common property of the parties, and the conduct of the parties leading to the divorce. There is no set formula for calculating an alimony award. How is alimony treated on my taxes? If the alimony is lump sum, or alimony in gross, there is no tax ramification. This type of alimony is considered property distribution. If it is periodic alimony, that is alimony that has a contingency (such as death or remarriage) that terminates the obligation of payment, then the paying spouse would deduct the amount paid, and the receiving spouse would recognize the amount received as income. Can the amount of alimony be changed if my circumstances change? Lump sum alimony is not modifiable. Periodic alimony is modifiable by the Court if the party seeking the modification can show a material change in circumstances. Does my retirement money come into play in alimony? Alabama law allows a Court to divide retirement funds in any marriage that lasts over ten years, as long as the funds in question were accumulated during the marriage. The Court may consider the retirement funds when making an alimony award. If my ex-spouse files bankruptcy, do I lose my periodic alimony? No. Alimony is non-dischargable under the Federal bankruptcy code. Your spouse will be required to make all payments owed. What happens if my spouse falls behind on alimony payments? You can enforce the alimony award by filing a petition to have your spouse held in contempt of court for failing to pay alimony. If I cannot afford a lawyer to help me enforce my alimony order, is there a State agency that will represent me? No. Under Alabama law, the State will enforce child support orders, but not alimony orders. - - Wood & Shaw, LLC

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