When going through divorce, there is something unsettling about paying your soon-to-be ex-wife alimony. After all, you have done most of the heavy lifting during your marriage. You’ve endured years of stress and sacrifice so things would get easier. Now, you are being asked to work hard and hand over part of your paycheck. That’s a tough pill to swallow.
As you go through divorce in Alabama, you may also be asked to help her enjoy the same standard of living going forward. This is where men need to dig in their heels.
Calculating alimony
In Alabama, judges have discretion over how much alimony a spouse is awarded. While many believe that assets should be split 50-50 between the spouses, there is no set formula. Factors that judges take into account when awarding alimony include:
- Length of the marriage
- Age and health
- Income of both parties
- Contributions of a homemaker
There are other factors that judges may consider as well, which can make a huge difference in the outcome of your divorce. These include earning capacity and misconduct.
Spouse’s earning capacity
Your spouse’s attorney may argue that she is a career homemaker and that she is entitled stay in that role for the rest of her life. It is highly unlikely, however, that your ex-wife will be sitting at home while you fork over your weekly paycheck. Even if she has not worked a full-time job during your marriage, a judge may consider her work history, ability to earn, education and other factors. This is a key area that your attorney can make a case for reducing alimony. Basically, the greater her earning potential, the lower your spousal support payments.
Misconduct
When a court looks at misconduct, they are often considering adultery. In Alabama, extra-marital affairs are one of many factors judges consider when determining alimony. While cheating may not be a big factor in many Alabama divorces, if your spouse’s disloyalty had a significant financial impact on your marriage or led to your breakup, you may have an argument against paying alimony.
After your marriage is dissolved, you may want to stay in the loop about your ex-spouse’s endeavors. In Alabama, you can move to end alimony payments if your former spouse remarries or moves in with a new partner.
Fight back
In this day and age, it seems unfair to pay for someone else’s lifestyle after you’ve parted ways. That is why it is important for divorcing men to stand their ground on spousal support.
If you are facing the prospect of divorce and paying alimony in Alabama, seek the advice of an attorney the Birmingham Men’s Law Firm, LLC, who is experienced with fighting for men’s rights.