Alimony is a payment made by a spouse to a low-income spouse to help them become self-sufficient again. There are types of child support that can be paid in Maryland. The court will consider many factors before determining an appropriate course of action.
The first type of alimony is called the pedente lite alimony . It is paid from one spouse to another during the waiting period between the filing of the divorce and the finalization of the divorce. It is temporary and receiving it does not necessarily mean that the recipient will continue to receive it after the divorce is finalized. The court awards this type of spousal support to maintain the status quo during the divorce.
Rehabilitative alimony is the most common type of spousal support in Maryland. Rehabilitation support is paid after divorce for a certain period of time. The purpose of this alimony is to provide enough time for the beneficiary to become self-sufficient. Support will be paid by one spouse to the other for the period of time it will take for the recipient to obtain the necessary education or training so that they can fully support themselves. In making the decision to award child support, the court will use the following factors as a guide as to how much should be paid and for how long:
- The recipient’s ability to become self-sufficient.
- The duration of the spouse to undergo any training or education necessary for them to be self-sufficient.
- The standard of living during the marriage.
- For what reasons the divorce was filed.
- What has the spouse requesting alimony contributed to the marriage? Whether at the national or financial level.
- The physical and mental health of both spouses.
- If the spouse paying alimony can meet the financial needs of both partners at the same time.
- Any agreement between the spouses.
- Whether either party receives retirement benefits.
The third type of child support is disadvantaged in Maryland and is only awarded in certain cases. It is known as indefinite alimony. This is a permanent spousal support payment. In Maryland, the court will only order permanent alimony if any of the following guidelines are met:
- If the party seeking spousal support cannot reasonably be self-supporting due to age, physical or mental health, or disability
- Or if the party seeking child support cannot match previous standards of living or if there is a large and unfair difference between the standard of living of each party, even after becoming self-sufficient.
In Maryland spousal support is not permanent. Either party can ask the court to modify the existing agreement at any time. They can ask the court to increase, decrease or stop spousal support.
Some spouses may want to agree on the amount of spousal support and how long it should be paid for. They can reach this agreement without the help of the court. In Maryland, the court is likely to be bound by this agreement. They will not change the agreement, which can sometimes be even broader than what the court would have ordered.
In Maryland, spousal support is considered income for the beneficiary and must be taxed. The spouse paying spousal support does not have to pay any taxes on that money since it is tax deductible.
If you need a Maryland spousal support attorney to help you with your Maryland spousal support case, call us at 888-437-7747. Our Maryland spousal support attorneys can help. C