Temporary Spousal Support During Alabama Divorce Proceedings

Posted by Steven D. Eversole | Sep 23, 2007 | 0 Comments

I received a call from a client today in Birmingham, Alabama.  I realized people contemplating divorce across Jefferson County, including Vestavia, Mountain Brook, Homewood, Leeds, Bessemer, Hoover, Pelham, Trussville, Gardendale, Fultondale, Fairfield, Moody, Pleasant Grove, Adamsville and Hueytown, as well as all across Alabama in places like Huntsville, Montgomery, Tuscaloosa and Mobile, are all concerned about Alabama divorce laws. 

One of the most frequent questions I encounter about Alabama divorce laws, in Birmingham and all across the State of Alabama, and especially from women,  is "How do I support myself during the divorce?"  The answer is simple.  I will file a motion for Pendente Lite.  That motion will provide temporary support from your husband while you are going through a divorce.  This kind of support is very similar to alimony.  It allows you to continue living as you currently are while the Alabama divorce proceedings are under way.  Once the divorce is finalized you will then be eligible for alimony.  Alimony is intended to keep you relatively in the same economic position you are in during the marriage.  In that way, alimony and temporary support are very similar.  Both provide you with a means to continue your way of life for a period of time.  Motions for Pendente Lite only covers support during the divorce proceedings itself.  So, your husband or wife can't just kick you out of the house, cut off your credit cards, take the car, etc.

The Alabama Code Section 30-2-50 allows for this kind of temporary support pending the divorce action.  It provides for the allowance for support during thependency of action.

About the Author

Steven D. Eversole

J.D., Samford University's Cumberland School of Law, Birmingham, Alabama B.A., University of Alabama, Tuscaloosa, Alabama


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