Alimony and Spousal Support in Alabama

The court awards alimony when a spouse lacks enough separate estate to keep, as far as possible, the economic status quo of the marriage, the other spouse can pay without undue hardship, and it is equitable. Rehabilitative alimony comes first and is limited to five years absent extraordinary circumstances; periodic alimony is awarded when rehabilitation is not feasible or fails. Factors include the length of the marriage, standard of living, relative fault, age and health, employment prospects, and contributions to the other spouse's career. Periodic alimony generally may not last longer than the length of the marriage, except that there is no time limit for marriages of 20 years or more. Periodic alimony ends on remarriage, cohabitation, or the death of either spouse.

Alabama divides the marital estate equitably (fairly, not necessarily equally). The judge generally may not consider property a spouse owned before the marriage or received by inheritance or gift, unless that property or its income was regularly used for the common benefit of both spouses during the marriage. Retirement benefits earned during the marriage are part of the marital estate, but the share awarded to the other spouse generally may not exceed 50 percent of the benefits the court considers.