In the event of a divorce, if either spouse does not have a separate estate, or if a spouse's assets are not sufficient to offer a means of support, a judge might order alimony, which is also known as spousal support. Alimony is usually a monthly financial allowance paid by one spouse to the other. The purpose of alimony is to offset any unfair economic effects of a divorce by providing a continual source of income to a non-wage-earning or lower-wage-earning spouse.

To be eligible for alimony, spouses in all states, including Alabama, must have been legally married. Alimony is usually based on a settlement agreement made between the spouses or the discretion of a judge. In Alabama, alimony awards lack the enforcement power that child support orders have, which include wage garnishment and property liens. Recipient spouses do, however, have the option of returning to court to force payment through a contempt action.

There are four types of alimony: lump-sum, rehabilitative, temporary, and permanent. Lump sum alimony is calculated by the court, and is usually made in one payment. Lump sum alimony awards are not modifiable under Alabama law.

Temporary alimony may be paid over a specific amount of time, usually one or two years, to help one partner become financially independent and “get back on their feet.”

The most commonly awarded kind of alimony is Rehabilitative. This type of alimony may include payments for any necessary education for the recipient spouse to become self-sufficient.

Permanent alimony is paid regularly for an indefinite period of time, or until the payee petitions the court to modify or discontinue the payments. In Alabama, periodic alimony payments are modifiable based on a change in circumstances.

In most states, remarriage of the recipient spouse will terminate alimony, but termination upon the payer's death is not necessarily automatic. In cases in which the recipient spouse is unlikely to obtain gainful employment because of age or health considerations, the court may order that further support be provided from the payer's estate or life insurance proceeds.

The type and amount of alimony awarded depends on a variety of factors.  Many states base their alimony award guidelines on the federal Uniform Marriage and Divorce Act, which recommends that courts consider the following factors when awarding alimony:

• The age, physical condition, emotional state, and financial condition of the former spouses
• The length of time the recipient would need for education or training to become self-sufficient
• The couple's standard of living during the marriage
• The length of the marriage
• The ability of the payer spouse to support the recipient and still support himself or herself

Alabama law also allows a court to consider the retirement funds when making an alimony award. According to Alabama Section 30-2-51, the Court may divide retirement funds in any marriage that lasts over ten years, as long as the funds in question were accumulated during the marriage.

In the United States, alimony is treated differently tax wise from child support payments. While alimony is deductible for the person who pays it and taxable income for the person who receives it under the rules of the Internal Revenue Service, child support is not. This can turn alimony into a tax advantage for the person who pays it and has prompted the federal government to create “hurdle tests” to differentiate between alimony, child support, and property settlement. 

In the past, most alimony awards were made to homemaker wives who needed continuing support from their former husbands. But because current marriages often consist of two wage earners, and more men are assuming the duties of child-rearing, alimony awards have changed. It is no longer unusual for an ex-wife to be compelled to make alimony payments to her ex-husband.