Alabama Divorce Alimony
The divorce alimony laws differ from one US state to another. There is no definite rule based on which the Alabama divorce alimony is determined. The alimony calculation entirely depends upon the nature of the divorce and the judgment of the court. Very few divorced spouses have been granted alimony as alimony is hardly sanctioned if both the spouses have almost equivalent incomes. Alimony is generally awarded to couples who have led a married life of at least 12 years which is quite rare now a days as the divorce rate has increased very rapidly and most couples seek to get divorce before they complete 12 years of marital life.
The following are some of the Alabama guide lines that are mentioned in the sections 30-2-51 and 30-2-55 of the Alabama divorce alimony code of laws.
The alimony can be terminated if a spouse moves to the court with a petition of the annulment of the alimony order proving that the alimony receiving spouse has remarried or is staying or cohabiting with another partner.
- Alimony is granted by the Alabama court if it has been found that the divorce seeking couple jointly owns the properties and assets. In order to compensate the loss of the properties and the assets the judge often announces the payment of the alimony in favor of the spouse who is supposed to hand over the ownership of the properties to the other. But the property assets that are taken into consideration are not the ones that have been accrued before the marriage.
- The judge also determines the amount of alimony to be paid by making an estimate of the future value of the assets and properties. If there is a probability of getting huge returns based on the investment done presently or potentiality of earning huge retirement benefits by either of the spouse, the judge accounts them all. The following are the conditions based on which the above factors are considered while declaring Alabama divorce alimony.
- The spouses must have led a married life for at least 10 years and have received the pension benefits during that ti me.
- The retirement benefits received prior to the marriage are not considered while calculating alimony
- The total amount of alimony included should not be more than 50% of the entire retirement benefits.
- The uncovered spouse is not entitled to receive alimony unless the covered spouse gets the retirement benefits in hand or reaches the age of 65.
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