Eldersburg Alimony Lawyer Serving Clients Throughout The Greater Baltimore Area
Although marriage is a legal contract, the courts recognize that a social contract also develops between the spouses. Responsibility to provide financial support does not necessarily end when the marriage is dissolved. Some form of permanent or temporary alimony may be a very relevant part of a divorce settlement or trial judgment.
Why Is Alimony Necessary?
In our modern day courts, Maryland family law judges typically do not award alimony unless under specific conditions. Generally, the spouse seeking spousal support must demonstrate that he or she will suffer a considerable reduction in income and lifestyle as a result of the divorce. Most judges prefer to reserve alimony awards for long-term marriages in which either spouse remained out of the workforce in order to raise the children and subsequently has no marketable job skills in the marketplace. In cases of marriages shorter than 10 years, certain forms of temporary alimony may be awarded until the recipient spouse is able to complete a formal education, find a job or relocate to another residence.
Although people generally think of alimony as support for the wife after divorce, it can be awarded either way. In today’s world, a ‘house-husband’ who chose to stay home with the children is just as likely to be awarded spousal maintenance if the wife was a high earner in the job market.
Understanding Alimony In Maryland Divorces
Alimony, also known as spousal maintenance in divorce, is governed by Maryland law and is intended to address financial imbalance after a marriage ends. Courts do not award alimony automatically. A judge must first determine that one spouse has a genuine financial need and that the other spouse has the ability to provide support.
Maryland recognizes three forms of alimony, including the following:
- Pendente lite alimony: Pendente lite alimony is temporary support awarded while a divorce is pending and is designed to maintain financial stability during the case.
- Rehabilitative alimony: Rehabilitative alimony is the most common form and provides support for a limited period while the recipient spouse gains education, training or work experience to become self-supporting.
- Indefinite alimony: Indefinite alimony is reserved for limited situations, often following long-term marriages where there is a substantial income disparity and the recipient spouse is unlikely to achieve financial independence due to age, health or other factors.
When deciding whether to award alimony and in what amount, Maryland courts consider multiple factors. These include the length of the marriage, income disparity, age and health of both spouses, financial and nonfinancial contributions to the marriage, and the standard of living established during the marriage.
The Alimony Process: What To Expect
When alimony is an issue, the process usually begins with a detailed financial assessment. Both spouses must disclose income, expenses, assets and debts. Alimony may then be addressed through negotiation or mediation, particularly when both parties are motivated to reach a resolution outside of court.
If no agreement is reached, the court may hold hearings where each side presents financial documentation and testimony. The judge then issues a ruling based on the evidence and Maryland law. Preparation and clear presentation are critical at this stage.
Alimony can be modified or terminated if there is a material change in circumstances, such as job loss, retirement or health issues. Enforcement actions may also be required if payments are not made. An experienced local attorney can make a meaningful difference by developing strategy, gathering evidence and representing clients in Carroll County, Howard County and Baltimore County courts.
Experienced Maryland Spousal Maintenance Attorney
If you think alimony will be a factor in your pending divorce in Carroll County, Baltimore County, Frederick County or Howard County, Maryland, call the Law Office of Leo J. Keenan III, P.A.. We have been helping clients through divorce in the Baltimore area for more than 35 years. Attorney Keenan knows what judges will need to see in order to award alimony. He has a strong record of helping both men and women meet their goals regarding alimony awards.
Contact Mr. Keenan by email or call our firm’s office at 410-970-4306. We offer a free consultation and may be available after hours by appointment. Spanish is available.
