Alimony Attorneys in Montgomery County, MD

Montgomery County Alimony Lawyers Helping Clients Understand Alimony

Alimony, or spousal support, can be awarded to either spouse during the divorce process or after it is finalized, to help the spouse maintain a decent standard of living throughout the process. Until 1980, the state of Maryland did not have any legal provisions addressing alimony. Since then, the state’s equal rights amendment allows either spouse (husband or wife) to receive alimony when the court finds it necessary.

How Does Alimony Work in Maryland?

In Maryland, there are a few different types of alimony. A spouse may request temporary alimony payments pending the divorce, also known as “alimony pendente lite.” The purpose of this temporary alimony is to provide the means for the affected spouse to support him or herself during the time it takes for their divorce to reach the final stages.

Indefinite or Temporary Spousal Support Payments

Alimony can also be received after the divorce. It is important to note that receiving alimony payments while the divorce is pending does not automatically entitle someone to alimony after the divorce. Post-divorce alimony payments may be granted on a permanent (indefinite) or rehabilitative (temporary) basis. Usually, the most common type of alimony granted by the courts is the rehabilitative kind, intended to provide short-term financial support to help the recipient gain the professional qualifications and education needed to become competitive in the job market and secure employment after having stayed at home caring for children for several years.

Permanent Spousal Support

In select cases where the spouse requesting alimony is of advanced age, has a disability, or can claim another factor that impedes him or her from making reasonable progress towards supporting oneself, the court may choose to award permanent alimony without an end date. This type of alimony is significantly rare but can also be granted when a spouse can prove their ex’s standard of living will be unconscionably disparate from their own. It is recommended that anyone looking to file for alimony receive the guidance of an alimony attorney before taking any action.

What Are the Factors Used to Calculate Alimony in Maryland?

The court will likely use a significant list of factors to decide whether you (or your spouse) should receive alimony. Some examples of these factors include the length of your marriage, your financial situation during the marriage and now and in the future, how old you are, your current mental and physical health, and the reasons that led to your divorce. Another important factor is whether either spouse has custody of any children and is making child support payments to the other spouse.

There is no predetermined formula for calculating alimony payments, and the court decides the amount on a case-by-case basis. The goal is to provide a fair and equitable award to a spouse who has become dependent on the other or who cannot support themselves without the other spouse’s income, or to a spouse who is the primary caretaker of a child with a condition that prevents the caretaker from working outside the home, for example. If you are unsure whether you qualify for alimony payments or not, it is best to consult an attorney before taking any action.

How Does the Division of Marital Property Affect Alimony Awards?

The division of marital property and alimony goes hand in hand. Maryland courts are required to consider each party’s financial resources, including property awarded during the divorce.

If a spouse is awarded assets that generate income, such as rental properties, stocks, or interest-bearing accounts, that income is added to their total financial resources, potentially reducing the amount of alimony needed to level the playing field. Likewise, a large lump-sum monetary award intended to balance property interest is seen as capital. The court views this capital as a means for the receiving spouse to become self-supporting, leading to a shorter duration of rehabilitative alimony.

When dividing marital assets, marital debts will be divided, too. This can affect a spouse’s ability to meet their own needs. High debt obligations assigned to the payor can legally limit the amount of support they are ordered to pay.

Even though non-marital property is not divided during this process, the court will still consider the value of this property and then the income it generates as a financial resource available to the spouse seeking support.

How Long Do Alimony Payments Last?

The length of alimony payments varies, and it is completely up to the judge to determine when alimony payments should end. Generally speaking, some judges may award 1 year of alimony for every 3 years of marriage – but this is not a firm rule, and the judge is ultimately responsible for making a decision. Alimony awards can range from permanent, lasting until the recipient passes away, to temporary, lasting only a few years to allow the recipient to gain financial independence and re-enter the job market. There may also be provisions that determine alimony payments should end if the recipient remarries or moves in with a new partner.

Spousal Support Modifications

Likewise, alimony orders can be modified just as child support orders can. If a spouse can demonstrate a significant change in their circumstances a few years after the alimony order was issued, they may petition the court to modify the alimony payments. This must be done by written request to the court, as verbal agreements are unlikely to be valid before the court. If you need to request a change in your alimony orders, consult an alimony attorney to understand the process better.

What Happens When the Paying Spouse Fails to Make Their Payments?

Alimony is a court-ordered obligation, and failing to make these payments can have major repercussions. Non-compliance can even lead to quasi-criminal penalties. The most common tool for compelling the payor to meet their obligations is filing a Petition for Contempt. If the court finds the payor has willfully disobeyed the order while having the ability to pay, they can be found in contempt.

Unlike standard debts, failing to pay alimony can result in jail time. The court can order the payor to be held in jail until they pay a specific amount to satisfy the arrears, provided they have the financial ability to do so. The court can also garnish the payor’s wages, directly deducting their alimony obligation from their paycheck.

In extreme cases, a judge can issue a writ to seize personal property or freeze bank accounts. These assets can be sold or liquidated to satisfy an outstanding alimony debt.

When alimony obligations aren’t taken seriously, the court will step in and ensure the payor understands just how serious this court-ordered payment is.

How Can an Alimony Attorney Help?

Consulting Paré & Associates, LLC about spousal support during the divorce process ensures you receive personalized legal guidance throughout Germantown, Silver Spring, and Montgomery County. We help:

• Evaluate Your Needs: We assess your situation to determine fair spousal support payments.
• Advocate for Your Rights: We work to protect your financial interests.
• Navigate Legal Complexities: Our team guides you through the divorce process with care and understanding.

Let us provide the support you need during this challenging time.

Contact Our Office

Whether you have been granted an order to receive alimony payments or you have been ordered to make alimony payments, your financial integrity and well-being are on the line. When you are the recipient, you may benefit from being backed up by a knowledgeable alimony attorney who can help you fight to receive a fair amount to support yourself once your marriage ends. Likewise, if you have been told to pay alimony to your ex, an attorney can help protect your earned income by ensuring the amount your ex is asking for is not exaggerated or unrealistic. At Paré & Associates, LLC, our family law attorneys can help you understand your rights and protect your financial interests during a divorce or alimony case. When so much is on the line, it does not make sense to fight it alone. Call Paré & Associates, LLC today at 240-201-2267 if you live in Germantown or 301-945-7928 for Silver Spring residents.