Maryland Spousal Support FAQs Montgomery Attorney
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What is spousal support in Maryland?
Spousal support, also known as alimony is a payment made from one spouse to another spouse following a divorce. Spousal support is not based on gender and any party may request spousal support. In some cases the couple will come to an agreement in which party will pay spousal support and for how long and how much.
What is the difference between spousal support and child support in Maryland?
Both amounts might be paid to the same person however they serve different purposes. Spousal support is intended to support a former spouse. Child support is paid to support minor children.
How is spousal support determined in Maryland?
The court will consider the following factors:
- The length of the marriage.
- Physical and mental health of both spouses.
- If the spouse paying alimony can meet his or her own needs as well as paying alimony.
- The reasons for the divorce.
- The ability of the spouse seeking spousal support 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.
- If the spouse requesting spousal support 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 are the different types of spousal support?
- Alimony pedente lite- this is temporary and only paid while the couple waits for the divorce to be finalised.
- Rehabilitative alimony- this is the most common type of support ordered by the court. It requires one spouse to pay alimony for a certain period of time. This is to ensure the lesser earning spouse has sufficient time 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.
- Indefinite alimony- this is a permanent payment of spousal support. It requires one spouse to pay alimony to another spouse for the remainder of his or her life. Permanent alimony is disfavoured in Maryland and is only awarded in certain cases.
Is spousal support taxed as an income?
In Maryland, spousal support is considered as an income for the recipient and must pay taxes on it. The spouse paying spousal support does not have to pay any taxes on that money as it is tax-deductible.
Can spousal support be modified?
Yes. Either party may petition the court to modify the existing spousal support agreement. At any time either party may request the court to increase, decrease or terminate spousal support.
Are there cases where spousal support automatically terminates?
Yes. Spousal support is automatically terminated 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.
Is there a specific formula used to calculate spousal support?
No. there is no particular formula the court uses to calculate spousal support. The amount and length of spousal support is based on the facts of the case.
If you need a Maryland spousal support lawyer to help you with your spousal support case in Maryland, call us at 888-437-7747. Our Maryland spousal support attorneys can help you.