28 Dec 2017

3 Types of Alimony In Maryland

In the Maryland state, married couples have an economic responsibility to each other. The law says that one spouse has to assist the other financially and vice versa. This obligation exists even though the couple separates and stays just excused after the final divorce decree.

Before 1980, in Maryland alimony law was decided by an evolution of case law. In 1980, Maryland claimed its Alimony Act. The focus of today’s concept of alimony is on the improvement of the dependent spouse, to make sure financial self-sufficiency. Due to Maryland’s same rights amendment, both spouses can be required to pay alimony for the other.

3 Types of Alimony

Maryland law specifies three types of alimony, they are:

  • Rehabilitative Alimony
  • Permanent or Indefinite alimony
  • Alimony pendente lite

Rehabilitative Alimony

Rehabilitative alimony is precisely what it seems like. It is a short-term measure meant to allow a spouse to become financially stable after a divorce. Regularly in a marriage, one partner chooses to stay home after children are born and be the homemaker. This person may have been out of the workforce for some time and needs alimony so that it will return to school to complete a degree or otherwise attain training for a new career so that you can assist him/herself.

Permanent or Indefinite alimony

Permanent or indefinite alimony continues for a long-term, likely until the death of the party receiving the alimony and is awarded while one of the parties is not able to work because of age physical or mental illness. This is a particularly uncommon type of alimony awarded with no specific endpoint. You can receive alimony if (because of your age, illness, or disability) you cannot (1) make reasonable progress toward helping yourself or (2) even if you could make consistent progress; your ex-spouse’s standard of maintenance is “unconscionably disparate” from yours. “Unconscionably disparate” way that there’s a huge and unfair difference between your living standards. Alimony awards can be changed or ended in the future. This will occur if one of the ex-spouses asks the court to remember the alimony amount in the future.

Alimony pendente lite

Pendente lite alimony is not permanent it’s a temporary alimony awarded in the early stages of a divorce case. The word pendant lite means “pending litigation” and so pendente lite alimony is most efficient to be had while a lawsuit is pending. The factors the court considers when concluding pendente lite alimony are the affordable financial needs of the party petitioning alimony and the other party’s potential to pay. The purpose of pendente lite alimony is to keep the status quo of the parties throughout the pendency of the divorce litigation.

Alimony payments will end over the death of the paying partner or remarriage of the spouse receiving alimony. It is taken into consideration income for the recipient and a tax deduction for the spouse paying.

How is Alimony Awarded?

A knowing and voluntary deal about alimony that was produced before a court can follow the divorce. Especially, the court will not modify the agreement. In cases where no agreement already exists, the judge deciding alimony has broad discretion and will consider a wide variety of factors which include, however not limited to:

  • The reasons for the divorce
  • The length of the marriage
  • The economic situation during the marriage, as well as now and in the future
  • The standard of living during the marriage
  • The age of the parties
  • Physical and mental health of the people

Alimony in Maryland is a complex problem and not awarded in every case. An experienced Alimony lawyer who knows the ins and out of the law could make the difference in your case.

To learn more about how we can help you with your particular situation, please email or call us today at 301-515-1190 to set up your FREE consultation.

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