Divorce can create fear about bills and financial stability. Spousal support may ease that strain, but a request does not always lead to an award.
If you are going through a divorce and plan to seek support, knowing what could prevent or end payments can help you assess your position. This knowledge may prepare you to document your needs and respond to eligibility disputes.
Circumstances that could prevent or end payments
In Alabama, a court must find financial need and an ability to pay without undue hardship. It must also find that support would be fair. Several factors may defeat a request or end an award:
- Adequate income or property: You may not qualify if your income, assets and divorce property can preserve the marital economic position as far as possible.
- Your spouse’s inability to pay: The court cannot make a present award if your spouse cannot pay without undue hardship. If you prove need, it must reserve jurisdiction when fair.
- Remarriage or cohabitation: Upon petition and proof, the court must end rehabilitative or periodic alimony when you remarry or cohabitate. Cohabitation means living continually and habitually with another adult in a marriage-like relationship.
- Fault or financial misconduct: Adultery does not automatically bar alimony. The court may consider relative fault, hidden assets, excessive spending or fraudulent property transfers.
The court weighs these factors based on the details of each marriage.
How courts evaluate financial need and fairness
Under Alabama law, you must lack enough separate resources to preserve the marital economic position as far as possible. The court may review your assets, divorce property, debts and earning capacity. Benefits that could help you find or keep a job also matter.
Proof of need alone is often not enough. The court also considers the length of the marriage, each party’s health and future job prospects. Financial and career contributions during the marriage may also influence the result.
Why a careful review of your situation matters
A denial or loss of support can affect your housing or work. To show the financial impact, gather pay records, account statements, debt details and employment history.
An attorney can review those records and identify the facts with the greatest legal weight. This review may also show how remarriage, cohabitation or another major change could modify or end an existing award.