Divorce

Alimony is financial support paid by one spouse to another. Depending on various factors, alimony can be granted once the divorce is finalized.¹ The alimony can be payable in one lump sum, by installments, or by a combination of the two.² The judge will consider different factors depending on the type of payments to be order, but in general s/he will consider:

1. the length of the marriage;
2. the age, health, and social position (station in life) of each spouse;
3. each spouse’s future prospects, such as possibilities for success, advancement, etc.;
4. the source, value, and type of property owned by each spouse;
5. the standard of living during the marriage and potential to maintain that standard; and
6. the fault of the spouses related to the cause for the divorce, when appropriate.³

Alimony will be terminated once the spouse who receives alimony has remarried or is openly “cohabitating” with a romantic partner of the same sex or opposite sex. Cohabitation involves the couple taking on marital rights, duties, and obligations even though they are not married.⁴

¹ See generally Ala. Code §§ 30-2-51; 30-2-52
² See, for example, Madden v. Madden, 399 So.2d 304 (1981)
³ See Currie v. Currie, 550 So.2d 423, 425 (Ala.Civ.App.1989)
⁴ Ala. Code § 30-2-55