Maryland Alimony Frequently Asked Questions Montgomery Attorney

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What is alimony?

Alimony is a court-ordered payment made from one spouse to another to support a former spouse following a divorce.

When do I file for alimony?

In Maryland, a spouse seeking alimony can only make a claim for it before the divorce is finalised. Failure to do so means the spouse seeking spousal support may not come back after the divorce has been finalised and make an alimony claim

Which spouse is entitled to spousal support?

Maryland law doesn’t favour one spouse over another and both spouses have an equal chance of getting spousal support as long as they meet the criteria.

Is there a formula for calculating alimony?

The Maryland Court Of Appeals has banned a specific formula in establishing alimony payment; however an attorney is not banned from requesting the amount to be paid in spousal support.

What are the different types of alimony considered by the state of Maryland?

  1. Alimony pedente lite- this is paid during the waiting period between the filing of the divorce and the finalisation of the divorce.
  2. Rehabilitative alimony- this is the most common type of alimony ordered in Maryland. Rehabilitative support is paid after the divorce for a certain period of time. The purpose of this alimony is to provide sufficient time to the recipient to become self-supporting. One spouse will pay support to the other spouse for the period of time it will take the recipient to get any education or training needed so that they can fully support themselves.
  3. Indefinite alimony- is disfavoured in Maryland and is a permanent payment of alimony. In Maryland, permanent alimony can be awarded by the court or the spouses might have come to this agreement together. It requires one spouse to pay alimony to another spouse for the remainder of his or her life.

What factors does the court consider when making an alimony award?

  • The ability of the spouse seeking alimony to be self-supporting.
  • The time it will take the recipient to get any education or training needed so that they can fully support themselves.
  • The standard of living the spouses enjoyed while married.
  • The length of the marriage.
  • If the spouse requesting alimony contributed to the marriage. Either domestically or financially.
  • Whether one spouse suffers from a mental or physical injury that will make it hard to be self-supporting.

What led to the divorce?

  • • Both spouse’s income and whether one significantly exceeds the other.

In what circumstances will the court award indefinite alimony?

  1. If the party seeking spousal support cannot reasonably be expected to be self-supporting due to age, physical or mental health or disability.
  2. Or if the party seeking alimony, cannot match previous living standards or there is a large and unfair difference between the living standard of each party, even after becoming self-supporting.

Is an alimony award permanent in Maryland?

No. Either party may petition the court to modify the existing alimony. Either spouse may petition the court to increase, decrease or terminate the spousal support agreement at any time.

Is it possible that the court cannot modify alimony?

Yes. If the spouses have agreed to a certain amount of alimony for a certain time and it states in the agreement that the alimony award may not be modified.

Are there certain cases where alimony is terminated automatically?

Spousal support automatically terminates in the event of death, the recipient spouse remarries or if the court finds that the termination of spousal support is necessary to avoid a harsh and unfair result.

If you need a Maryland alimony lawyer to help you with your alimony case in Maryland, call us at 888-437-7747. Our Maryland alimony attorneys can help you. C