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Category: Family Law
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Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I am currently going through a divorce in Al and had a trip

Customer Question

I am currently going through a divorce in Al and had a trip planned to Paris with someone other than my spouse. How bad could this affeCt my divorce and alimony payments?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

How long have you been separated for? Are you using martial assets to pay for this trip?

Customer: replied 1 year ago.
We have been separated since August and no marital assets will be used
Expert:  FamilyAnswer replied 1 year ago.

Good morning and thank you for the additional information. It MAY have an effect. I say this because an award of alimony is completely discretionary in Alabama and is only awarded on a showing of need by one spouse together with the ability to pay by the other spouse. The factors the Alabama trial court considers in determining whether to award alimony are:

  • The length of the marriage;
  • Each party’s respective earning ability and future earning prospects;
  • The ages and health of the parties;
  • The value and type of property;
  • The conduct of the parties (by Alabama statute, misconduct by either party can be considered in determining whether to award alimony);
  • Any other factors the court determines relevant.

As you can see, the Judge may look at this misconduct, if you were with this person during the actual marriage and they were the basis for the divorce. It is certainly not the sole factor and seeing how non marital assets with me used to pay, it should not be something that directly effects it but if your soon to be ex finds out about this and addresses it with the court, it may be a factor, as you can see above, for the Judge to consider, if it can be tied in and relevant to the divorce and your spouse shows a need for the alimony.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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