When couples in Alabama go through a divorce, one of the issues they will face is that of alimony. One spouse may truly believe they need support, but the other spouse may not be eager to make monthly payments to their ex. However, Alabama Code recognizes that some spouses need to be awarded rehabilitative or periodic alimony to preserve as much of their standard of living as possible. However, the court also doesn't want to impose an undue financial hardship on the paying spouse.
To determine whether the spouse requesting alimony has a need for it, the court will consider several statutory factors. For example, the court will consider the spouse's individual assets, as well as marital property awarded to that spouse. Any marital debts that spouse will be responsible for may also be considered, as will the spouse's earning capacity. This includes any benefits that will help the spouse become gainfully employed. If the spouse has primary physical custody of the child and circumstances exist that necessitate having that spouse stay out of the workforce to care for the child, this may be considered. Finally, any other equitable factors may be considered.