It depends on the character of the alimony. If it’s periodic alimony then it can be reduced if you show there has been a change of circumstance to warrant reducing the alimony. If it’s alimony in gross it cannot be reduced and is considered a property settlement which is non-modifiable in Alabama.
Reducing Alimony Due to Health Issues
Recently, I completed a trial wherein the Husband wanted to reduce the alimony because he had a decrease in his income due to health issues. However, despite the reduction in his income and hours at work, he was still making substantial money. He also was spending a great deal of money on an extravagant lifestyle. When the trial Judge heard that the Husband had purchased a $50,000 plus vehicle after filing the case, she called us in her chambers and asked Husband’s counsel to consider resolving the case.
Alimony Reduction Due to Decreased Income
I had another case where I represented the Husband who had retired. His income was greatly reduced but he still made quite a bit of money from his retirement accounts and his former wife wasn’t employed. The Court denied the request to reduce the alimony. In another case, I had the Court reduce the alimony of my client to $200.00 a month from $1,500.00 because he had a series of heart attacks and was living on his IRA distributions.
Each case should be evaluated looking at the totality of circumstances before a decision is made to reduce alimony. If you want to know more, then please make an appointment to review your options.
Alabama Alimony Lawyers: We’re Here to Help
Life is like a baseball game, and you can’t always read the curve balls. Luckily, the expert divorce and alimony lawyers of Leigh Daniel Family Law can help you find a settlement when it comes to adjusting your alimony. Contact us today at (256) 551-0500 to get started with a consultation.
