What is Alimony in Maryland?
Alimony is when a couple gets divorced and one of the spouses provides payment to the other spouse, who may have been dependant on their former spouse until they become self-sustaining.
According to the Maryland Court of appeals, to gain alimony it is important to make the claim for spousal support as part of the divorce, meaning that you cannot make a claim for spousal support post-divorce.
The court will likely not change what a signed agreement regarding spousal support states as part of the divorce. In addition, a spouse can provide more and cover broader areas than the court awards if agreed by both spouses.
Rehabilitative Alimony in Maryland:
The most common spousal support to being awarded by the court. Rehabilitative spousal support tends to be time-limited based on the circumstances of the individual until they are capable of supporting themselves. The time-limit averages from a range of 3 to 10 years.
Indefinite alimony in Maryland:
In contrast to rehabilitative maintenance stipend, this type isn’t common. Furthermore, indefinite maintenance stipend has no time-limit as the name implies. This type of maintenance stipend is awarded to those who are unable to become self-sustaining or supporting due to an illness, disability or their age. It may also be awarded if there is a massive difference between one spouse’s living standard and the other’s. If circumstances are different, it is possible to attempt asking the court to reconsider the maintenance stipend, which can cause a change or increase in the maintenance stipend awards.
Alimony Pendente Lite:
Factors for Awarding Alimony
- Health and age
- Financial situation
- Why the couple is getting a divorce
- How long the marriage lasted
Factors for a Fair Award
- Age of both parties
- Health of both parties
- Agreement between both parties
- How long the marriage lasted
- Living standard during the parties’ marriage
- Contributions to the family’s welfare
- The amount of the time for the spouse requesting to be awarded spousal support to become self-supporting and independent, such as gaining needed education or being fit to find a job and become employed
- The reasons for why the falling out of the marriage
- If the payer has the ability to support the spouse seeking spousal support
- The ability for the spouse requesting spousal support to become completely or partially independent
Consequences in Tax
It is important to be informed of the fact that maintenance stipend tends to be taxable to the person awarded maintenance stipend and deductible from the person providing maintenance. The only exception is when both parties agree to otherwise.
Instances in Which Alimony is terminated:
In the state of Maryland, there are 3 cases in which alimony is terminated (unless both parties agree to otherwise):
- The recipient marries someone else
- The death of either the payer or recipient
- Termination of spousal support by the court for fairness
If you need a Maryland alimony lawyer to help you with your maintenance stipend case in Maryland, call us at 888-437-7747. Our Maryland alimony attorneys can help you.