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Alabama Spousal Support Calculator

Calculate Alimony Under Alabama Law (Ala. Code §§ 30-2-56 & 30-2-57)

Income Information

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Marriage Details

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Marriage less than 5 years?
Marriage 15+ years?
Marriage 20+ years? ℹ️Check if the marriage lasted 20 years or more. Under Alabama Code § 30-2-57(g), this removes the statutory time limit for periodic alimony.
Is recipient custodial parent? ℹ️Check if the alimony recipient has primary physical custody of minor children from the marriage. This is a statutory factor under Ala. Code § 30-2-57(d)(6).

Alabama-Specific Factors

Rehabilitation Not Feasible? ℹ️Check if recipient cannot become self-supporting due to age, disability, or other reasons per Ala. Code § 30-2-57(b)(2). This may justify periodic alimony.

Feasibility of Rehabilitation:

  • Age & Health: Advanced age or chronic illness may make retraining unrealistic.
  • Long-Term Dependency: Being out of the workforce for decades.
  • Disability: A documented disability limiting work capacity.
  • Marriage Length: Marriages over 20 years favor longer-term support.

See: Alabama Code § 30-2-57(b)

Fault-based divorce? ℹ️Alabama allows fault-based divorce grounds which can affect alimony awards, particularly for adultery or abandonment.

Alabama Fault Considerations (Equity Factor):

  • Adultery: May affect the equity of an award.
  • Abandonment: May be considered.
  • Domestic Violence: Actual damages from criminal conviction can be considered.
  • Economic misconduct: Hiding or wasting assets is an explicit factor.

See: Alabama Code § 30-2-57(f)

Domestic violence involved? ℹ️Check if there was documented domestic violence in the marriage. Alabama courts may consider actual damages and judgments from related criminal convictions.

Alabama Domestic Violence Impact:

  • Considered under the "equity" factors of the statute.
  • Court may consider "all actual damages and judgments from conduct resulting in criminal conviction."

See: Alabama Code § 30-2-57(f)(9)

Alabama Professional License Rules:

  • Considered as part of a party's "wage-earning ability".

See: Alabama Code § 30-2-57(e)(5)

Alabama Cohabitation Rules:

  • Alimony terminates upon recipient's remarriage or cohabitation.
  • Payor must petition court for modification/termination.

See: Alabama Code § 30-2-55

Needs and Resources

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Earning Capacity

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Recipient Sacrificed Career for Marriage? ℹ️Check if recipient gave up career advancement opportunities to support the marriage (e.g., relocated for spouse's job, stayed home with children). This is an explicit "equity" factor.
Recipient has disability? ℹ️Check if recipient has a documented disability that limits earning capacity. May qualify for longer-term alimony and make rehabilitation not feasible.

Duration Factors

Maintain marital standard of living? ℹ️The statutory goal of alimony is to preserve, to the extent possible, the economic status quo of the marriage.
Significant separate property? ℹ️Check if recipient has substantial assets not subject to division (inheritance, pre-marital assets). The court must consider the party's "own individual assets."
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Alabama Retirement Rules:

  • Retirement may constitute a "material change in circumstances" for modification.
  • Alimony terminates upon the death of either spouse.

See: Alabama Code § 30-2-57(h) & (i)

Important Legal Note: This calculator provides estimates based on Alabama Code §§ 30-2-56 and 30-2-57, effective for divorces filed after January 1, 2018. The law establishes a mandatory three-part test and prioritizes rehabilitative alimony. Actual court-ordered alimony may differ as judges apply statutory factors. This calculation is not legal advice. Consult a licensed Alabama family law attorney for advice regarding your specific situation.

Alabama Alimony Calculation Results

Statutory Prerequisites & Alimony Type

Three-Part Test Met:

Recommended Alimony Type:

Primary Factors:

Monthly Alimony Amount

Guideline Amount:

Statutory Considerations:

Duration of Alimony

Recommended Duration:

Statutory Guidelines:

Judicial Considerations

Likely Range:

Key Factors & Notes:

Disclaimer: This calculator provides estimates only based on Alabama Code §§ 30-2-56 and 30-2-57. The calculation is not legal advice and actual court-ordered alimony may differ. Consult a licensed Alabama family law attorney for legal advice regarding your specific situation. Alabama law has specific mandatory rules for alimony calculations based on statutory factors.

Recent Alabama Alimony Case Law Examples

Ex parte Edward Conant Gartrell, Jr. (2025)
Alabama Supreme Court, June 27, 2025

Clarified that Alabama Code § 30-2-57(c) does not extinguish a trial court's broader common-law equitable authority to reserve jurisdiction to award periodic alimony in the future. Courts may reserve jurisdiction whenever "justice may require," not just in the specific scenario outlined in the statute.

Turney v. Turney (2022)
Alabama Court of Civil Appeals, December 2, 2022

Held that a trial court lacks the authority to order a paying spouse to maintain a life insurance policy to secure future alimony obligations, as alimony terminates upon the payor's death. Parties can, however, voluntarily agree to such terms in a settlement.

Myrick v. Myrick (2022) - Implicitly Disapproved
Referenced in Ex parte Gartrell

The Alabama Supreme Court in Ex parte Gartrell implicitly disapproved any reading of Myrick that suggested § 30-2-57(c) was the exclusive basis for reserving jurisdiction, reaffirming the ongoing vitality of common-law equitable powers.

Modifying Alimony in Alabama

Alabama law allows for modification of alimony under certain circumstances. Here's the process for requesting a modification:

Grounds for Modification

Under Alabama Code § 30-2-57(h), rehabilitative or periodic alimony may be modified based on a showing of a material change in circumstances. Alimony terminates as provided in § 30-2-55 (remarriage, cohabitation) or upon death of either spouse.

Modification Process

File a Petition: Submit a Petition for Modification to the court that issued the original order.
Serve Notice: Legally notify the other party using certified mail or a process server.
Gather Evidence: Collect documentation supporting the material change (tax returns, pay stubs, medical records).
Mediation: Many Alabama courts require mediation before a hearing.
Court Hearing: If unresolved, present evidence to the court for a decision.

Important Considerations

Modifications are typically not retroactive - they usually apply from the filing date forward.
Never stop paying court-ordered alimony without a new court order - you risk contempt charges.
Alabama requires a "material" change in circumstances, not a minor one.

Note: The modification process timeline varies by county and whether the case is contested.

Alabama Spousal Maintenance FAQs

What are the current types of alimony in Alabama?

Alabama law now primarily addresses three types of alimony:

  • Interim Alimony (Pendente Lite): Temporary support awarded during the divorce proceedings. It can be retroactive and ends when the divorce is final.
  • Rehabilitative Alimony: The primary and preferred type of post-divorce support. It is time-limited (max 5 years) to help a spouse become self-supporting.
  • Periodic Alimony: Ongoing support awarded only if rehabilitation is not feasible, fails, or only provides partial support. It generally cannot last longer than the marriage did, except for marriages of 20+ years which have no statutory time limit.

Alabama Code §§ 30-2-56 & 30-2-57

How is alimony eligibility determined under the new law?

Courts must apply a strict three-part test from Alabama Code § 30-2-57(a). All three of the following must be expressly found:

  1. Lack of Means: One party lacks sufficient estate/income to preserve the marital economic status quo.
  2. Ability to Pay: The other party can supply support without undue hardship.
  3. Equity: An award is fair under all circumstances of the case.

If these are met, the court must award alimony, starting with rehabilitative alimony.

Alabama Code § 30-2-57

What does "preserve the economic status quo" mean?

This is the new statutory goal of alimony in Alabama. It means the court's aim is to allow the receiving spouse to maintain, as much as possible, the standard of living they were accustomed to during the marriage, not merely to prevent poverty. The specific factors considered are listed in Alabama Code § 30-2-57(d), (e), and (f).

Alabama Code § 30-2-57

How long does rehabilitative alimony last?

By statute, rehabilitative alimony is awarded for a limited duration, not to exceed five years, absent extraordinary circumstances. It is designed to be a bridge to self-sufficiency.

Alabama Code § 30-2-57(b)(1)

How long can periodic alimony last?

The duration of periodic alimony is now governed by statute:

  • General Rule: A person cannot receive periodic alimony for a period that exceeds the length of the marriage (as of the filing date).
  • 20+ Year Marriage Exception: If the parties were married for 20 years or longer, there is no statutory time limit on eligibility for periodic alimony.
  • Court Deviation: A judge may deviate from these time limits if equitably required.

Alabama Code § 30-2-57(g)

What is "reservation of jurisdiction" and why is it important?

Reservation of jurisdiction means the court explicitly states in the divorce decree that it retains the power to award or modify alimony in the future.

  • Statutory Requirement (§ 30-2-57(c)): The court must reserve jurisdiction if a spouse proves a need for alimony, but the other spouse currently lacks the ability to pay.
  • Common-Law Authority: As affirmed by the Alabama Supreme Court in 2025, courts also retain broader equitable power to reserve jurisdiction whenever "justice may require," even outside the specific statutory scenario.
  • Critical Note: If the divorce judgment neither awards alimony nor reserves jurisdiction, the court permanently loses the power to award it later.

Alabama Code § 30-2-57(c); Ex parte Gartrell (2025)

Can alimony be modified or terminated?

Yes, under specific conditions:

Modification: Rehabilitative or periodic alimony may be modified upon application and a showing of a material change in circumstances.

Termination: Alimony terminates:

  • Upon the remarriage of the recipient spouse.
  • Upon the recipient cohabiting with a romantic partner.
  • Upon the death of either spouse.
  • As specified in the court order (e.g., at the end of a 5-year rehabilitative term).

Alabama Code §§ 30-2-55 & 30-2-57(h)(i)

Are alimony payments tax-deductible?

For divorces finalized on or after January 1, 2019: No. Under the federal Tax Cuts and Jobs Act of 2017, alimony payments are not deductible by the payor and are not considered taxable income for the recipient.

For divorces finalized before 2019: The old rules may still apply (deductible for payor, taxable for recipient). Consult a tax professional.

IRC §71, Tax Cuts and Jobs Act of 2017

Does Alabama have an alimony formula?

No. Alabama does not use a strict mathematical formula or guideline for calculating alimony (unlike child support). The amount is determined by the court based on the statutory factors for need, ability to pay, and equity, with the goal of preserving the economic status quo of the marriage. This calculator provides an estimate based on common applications of those factors.

Alabama Code § 30-2-57

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