Russell W. Crumbley
Attorney at Law
521 Madison St., Suite 201
Huntsville, AL 35801
Phone: (256) 539-4464
Fax: (256) 539-4462
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Alimony is based historically on the common-law right of a wife to be supported by her husband even after a divorce unless she forfeits it by her misconduct. But today, either a husband or wife may be entitled to alimony if the court determines he or she needs support and the other party is able to pay. There are two types of alimony: temporary and permanent. Temporary alimony is awarded the needy party during the time after a divorce suit is filed while awaiting trial or final court decision. Permanent alimony is that which is awarded by the court in its final decree.
Permanent alimony can either be "in gross" which is a fixed total amount and cannot be changed, or "periodic" which is an amount payable on a regular basis without a fixed total and which can be modified under some circumstances. The award of alimony and its amount are completely discretionary with the court which considers such factors as the length of the marriage and the age, earning capacity, health, conduct, education, and income of each of the parties. There is no set mathematical formula in setting the amount. Alimony is separate and apart from any property division between the parties. However, as a practical matter, there is often a relationship between the two issues, since some of the same factors are used as guides to property settlements.
Are you facing divorce or do you need legal advice on a domestic law matter? Please contact Russell W. Crumbley at 256-539-4464 to schedule a consultation or click here to complete a short form and a member of our firm will contact you shortly. Thank you.
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