How many years doyou have to be married in order to receive alimony?
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How many years doyou have to be married in order to receive alimony?
In AL.
Asked on May 17, 2011 under Family Law, Alabama
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There is no set formula to calculate the amount of alimony (or spousal support) in AL. An award of alimony is completely discretionary and is only awarded on a showing of need by one spouse together with the ability to pay by the other spouse.
The factors a judge will consider in determining whether or not to award alimony are:
- The length of the marriage;
- Each party’s respective earning ability and future earning prospects;
- The ages and health of the parties;
- The value and type of property;
- The conduct of the parties (misconduct by either party can be considered in determining whether to award alimony);
- Any other factors the court determines relevant.
Note: Alimony is rarely awarded in marriages of less than 12 years and is generally reserved for situations where one spouse has been economically dependent upon the other for most of a long term marriage. Additionally, in order for the trial court to include retirement benefits as part of a divorce settlement, the parties must have have been married at least 10 years during which time the retirement was being accumulated.
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