Alimony is a court-ordered payment made from one spouse to another 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.
In some other cases, the couple might not come to an agreement and will require the help of a judge. 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. An attorney will look at the following factors when calculating the amount of maintenance stipend that should be requested:
- First the attorney would estimate the joint living cost during the marriage. This is done by looking at how much was spent annually and deducting costs related to children.
- The attorney will then divide this joint living cost into two. This would provide an estimate of an individual living cost according to the standard of marriage.
- Then the income of the lesser earning partner is subtracted from this.
The final amount will give the amount that Maryland maintenance stipend calculator tells partners to request in spousal support.
Maryland state law dictates certain factors should control alimony payments. Depending on the following factors alimony can be increased:
- If one spouse’s income significantly exceeds the other spouses. This should be by a minimum of at least $10,000.
- If one spouse gets a greater income from investments or property which was given to them under the divorce settlement.
- How long was the marriage? If the marriage exceeds the past 5 years then higher alimony can be asked for.
- If it will be difficult for one spouse to support himself or herself due to being over the age of 50.
- Whether one spouse suffers from a mental or physical injury that will make it hard to be self-supporting.
- If only one spouse raised a child or children full time prior to the divorce. If yes then will the child expect this to continue after a divorce?
- If the wealthier spouse has other property.
- If the spouses enjoyed a high standard of living during their marriage, then will both spouses income be able to maintain that high standard after a divorce.
- If the ending of the marriage was due to one spouse’s actions.
- Whether or not the paying of alimony will entitle the paying partner to tax benefits.
- If the partner requesting alimony contributed to the marriage. Either domestically or financially.
In Maryland, alimony payments are not permanent and any partner may petition the court to modify the existing spousal support agreement. At any time either partner may request the court to increase, decrease or terminate spousal support. Spousal support automatically terminates in the event of death, the recipient partner 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. B