Month: July 2016

When Does Alimony End in Alabama?

When Does Alimony End in Alabama?

In Alabama, alimony awards eventually cease due to cohabitation, remarriage, death or several other factors. The basic purpose of alimony is to support the spouse earning a lower income when there is a large disparity in the spouses’ incomes, in order for that spouse to continue paying normal living expenses.

Modifying an Alimony Award in Alabama

An alimony award can be modified if the parties agree to the changes. In some cases, however, the divorce decree can stipulate that alimony will be non-modifiable, which means it cannot be changed. However, in all other cases, either spouse can file a motion to modify alimony based on a material change in circumstances. Changed circumstances can include many different factors such as promotion or cohabitation — anything that requires an adjustment to the terms of the alimony order. Any changes to the support order do not affect payments already made, only future payments.

Terminating Alimony Based on Cohabitation

Cohabitation is grounds to terminate an alimony award in Alabama. Cohabitation is legally defined as two unmarried adults living together and sharing finances, household expenses and a residence. The more the relationship resembles a marriage, the more likely the court will see it as cohabitation and terminate spousal support. In some cases, even if the court doesn’t find actual cohabitation, alimony can be reduced if the cohabitating partner contributes to a supported spouse’s household expenses.

Terminating Alimony Based on Remarriage

Unless the paying spouse agrees for alimony to continue after remarriage, spousal support will terminate as soon as the supported spouse gets remarried. If you have questions regarding alimony or any other family law matters, please contact The Law Office of Brad J. Latta either online or by calling (205) 739-2422.