This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Types Of Alimony In Montgomery
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Montgomery
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US-00004BG-I
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There are a few specific circumstances under Alabama law that allow for the termination of an alimony order, including: The spouse receiving alimony marries again. The recipient spouse is cohabitating with another partner. Either spouse dies.
Alabama alimony law does not have a formula for determining alimony. It's decided on a case-by-case basis based on the factors listed above. When spouses can't agree on what reasonable alimony is, the court will decide based on information offered by both sides.
You may receive alimony if (because of your age, an illness, or a disability) you cannot (1) make reasonable progress toward supporting yourself or (2) even if you can make reasonable progress; your ex-spouse's standard of living is "unconscionably disparate" from yours.
Alimony is usually around 40% of the paying party's income.
In Alabama, divorce proceedings involve the division of property based on the principle of equitable distribution. This means that marital property—assets acquired during the marriage—is divided in a way that the court considers fair, although it may not be an exact 50/50 split.
The most common type of spousal support is usually called rehabilitative alimony—because it's meant to "rehabilitate" dependent spouses by giving them financial support while they gain the education, training, or work experience needed to become self-supporting.
However, as a rule of thumb, Alabama courts do not usually award permanent alimony for marriages under ten years long, unless there is a compelling reason to do so. The courts normally do award permanent alimony for marriages that are longer than twenty years unless there is a compelling reason not to order it.
A court in Alabama cannot generally impose alimony for longer than the length of the marriage, and the most basic standard is that a party should receive one year of alimony for every three years of marriage.
California Alimony California determines alimony based on the recipient's “marital standard of living,” which aims to allow the spouse to continue living in a similar manner as during the marriage.
The person asking for alimony must show the court that he or she needs financial support, and that the other spouse has the ability to provide financial support.