if I’m trying to get divorced but my husband is fighting me, could he get alimony if he wanted it?

My husband and I were married a little over a year and a half but we have been separated for the same amount of time as well. I have served him the papers with nothing in there but my keeping our 2 cats that we had while we were together. I was told that he is fighting me and filed an answer but I’m not sure exactly what he wants. If he wanted to get alimony for the time that we were together could he get it? He didn’t work for a year while we were married but got a job as soon as we separated.

Asked on July 20, 2012 under Family Law, Alabama


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Spousal support is not mandated in Alabama; it is awarded at the discretion of the court. And the courts do not have guidelines as to how it is calculated. Instead, the courts use several factors, such as the length of the marriage, the recipient's ability to earn a living, the other spouse's ability to pay, and whether one of the parties engaged in improper behavior during the marriage. Different judges can interpret these factors differently and so you can get a different result from one rather than another.  Please seek legal help with this.  You need to put together your case in a way that best benefits you.  Good luck.

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