What is Alimony in Maryland Montgomery Attorney

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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 alimony as part of the divorce, meaning that you cannot make a claim for alimony post-divorce.

The court will likely not change what a signed agreement regarding alimony 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 alimony to being awarded by the court. Rehabilitative alimony 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 alimony, this type isn’t common. Furthermore, indefinite alimony has no time-limit as the name implies. This type of alimony 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 alimony, which can cause a change or increase in the alimony awards.

Alimony Pendente Lite:

Alimony Pendente Lite maintains the status quo during the divorce. This type of divorce is awarded between the time of filing for divorce and once the divorce is finalized.

Factors for Awarding Alimony

  1. Health and age
  2. Financial situation
  3. Why the couple is getting a divorce
  4. How long the marriage lasted

Factors for a Fair Award

  1. Age of both parties
  2. Health of both parties
  3. Agreement between both parties
  4. How long the marriage lasted
  5. Living standard during the parties’ marriage
  6. Contributions to the family’s welfare
  7. The amount of the time for the spouse requesting to be awarded alimony to become self-supporting and independent, such as gaining needed education or being fit to find a job and become employed
  8. The reasons for why the falling out of the marriage
  9. If the payer has the ability to support the spouse seeking alimony
  10. The ability for the spouse requesting alimony to become completely or partially independent

Consequences in Tax

It is important to be informed of the fact that alimony tends to be taxable to the person awarded alimony and deductible from the person providing support. 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):

  1. The recipient marries someone else
  2. The death of either the payer or recipient
  3. Termination of alimony by the court for fairness

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.

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