Keeping the Lights On: Temporary Alimony and the Flavors of Spousal Support in Alabama
If you've ever sat in my office in the Shoals, you know we like to get straight to the meat and potatoes. And when folks are getting a divorce, the biggest potato on the plate is usually money.
I get asked all the time, "Drew, my spouse moved out and took the checkbook. Can I get some help paying the bills while we wait for this divorce to be over?"
The short answer is: Yes, you sure can! Grab a glass of sweet tea, sit back, and let's talk about temporary support and the different flavors of alimony we have here in the Yellowhammer State.
Temporary (Interim) Alimony: Keeping the Ship Afloat While your divorce is pending, Alabama law allows you to ask the judge for "interim alimony". To get this temporary support to keep the lights on, you have to show the court two main things: you actually have a financial need for it, and your spouse actually has the ability to pay it.
The judge can even award you interim fees to cover the costs of the litigation, including attorney's fees, so you have a fair fight in court. Just remember, this is a temporary band-aid; an interim alimony order automatically terminates once the final judgment of divorce is entered by the judge.
Once the dust settles and the judge signs the final divorce papers, any ongoing support will fall into one of three main categories.
1. Rehabilitative Alimony: Getting Back on Your Feet If you've been out of the workforce for a while raising the kids or taking care of the house, the judge might award you "rehabilitative" alimony. The whole purpose here is to provide you with temporary financial support while you undergo education or vocational training to improve your earning capacity and become self-supporting.
Unless there are truly extraordinary circumstances, Alabama law limits rehabilitative alimony to a maximum of five years. So, it's not a lifelong free ride—it's a boost to help you get your own career going.
2. Periodic Alimony: The Classic Monthly Check When folks say "alimony," this is usually what they mean. Periodic alimony is intended to help preserve the economic status quo you enjoyed during the marriage. The court will look at whether you lack a sufficient separate estate to maintain that lifestyle, whether your spouse can afford to pay without undue economic hardship, and whether it's equitable based on the facts of your case.
But here is the catch: Periodic alimony is modifiable if circumstances drastically change down the road. More importantly, it completely terminates upon the death of either party, if the person receiving it remarries, or if the person receiving it starts "living openly or cohabiting with a member of the opposite sex",. That's right—if you move in with your new sweetheart, the alimony gravy train derails!
3. Alimony in Gross: It's Not Gross, It's Just Math "Alimony in gross" sounds like something you'd scrape off your shoe, but it actually has nothing to do with being disgusting. It's simply a fancy legal term for a property settlement payment. It is meant to compensate a spouse for their marital rights and represents a division of the marriage's fruits when simply splitting up the physical assets isn't practical.
For alimony to be "in gross," the time of payment and the exact amount must be absolutely certain, and the right to it must be vested. Because it's really a property division, it is totally non-modifiable,. It can be paid in one big lump sum or in monthly installments over a set period of time,,. And unlike periodic alimony, alimony in gross does not end just because you remarry or move in with a new partner.
The Bottom Line Figuring out who pays who, and for how long, can cause more fights than an Iron Bowl watch party. If you’re worried about how you’ll make ends meet during or after a divorce, give my office a call here in Florence. We’ll sit down, look at the numbers, and figure out the best strategy to protect your future.
Until next time, keep your chin up and Roll Tide (or War Eagle)!
