Not necessarily. Maryland divorce courts use separate and distinct legal and factual tests to determine custody arrangements and alimony. So, it is possible for one spouse to be given custody of the kids and alimony or to be granted custody and no alimony. In rare cases, it is even possible for a spouse to be awarded custody AND ordered to pay alimony to the other spouse. If you are considering getting divorced in Maryland, think about contacting us here at the Law Office of Robert Castro. Call us at (301) 870-1200 or use our contact page. We are a Child Custody Law Firm in St. Mary’s County, Maryland, with offices in Waldorf, Maryland. In the remainder of this article, we offer more information about the difference between child custody and alimony decisions in Maryland divorce proceedings.

Different legal standards

When evaluating child custody and alimony, Maryland divorce courts are required to use different legal standards. For child custody decisions, the legal standard is what is in the “best interests” of the child. For alimony, the legal standard is what is “fair and equitable.” See, for example, Md. Fam. Law Code, 11-106. For each, a Maryland divorce court must evaluate various facts that are listed in the relevant statutory sections.

For determining what is in the best interests of the child or children, courts must consider the following:

(1) The stability and the foreseeable health and welfare of the child
(2) Frequent, regular, and continuing contact with parents who can act in the child’s best interest
(3) Whether and how parents who do not live together will share the rights and responsibilities of raising the child
(4) The child’s relationship with each parent, any siblings, other relatives, and individuals who are or may become important in the child’s life
(5) The child’s physical and emotional security and protection from exposure to conflict and violence
(6) The child’s developmental needs, including physical safety, emotional security, positive self–image, interpersonal skills, and intellectual and cognitive growth
(7) The day–to–day needs of the child, including education, socialization, culture and religion, food, shelter, clothing, and mental and physical health
(8) How to:

(i) place the child’s needs above the parents’ needs;
(ii) protect the child from the negative effects of any conflict between the parents; and
(iii) maintain the child’s relationship with the parents, siblings, other relatives, or other individuals who have or likely may have a significant relationship with the child

(9) The age of the child
(10) Any military deployment of a parent and its effect, if any, on the parent–child relationship
(11) Any prior court orders or agreements
(12) Each parent’s role and tasks related to the child, and how, if at all, those roles and tasks have changed
(13) The location of each parent’s home as it relates to the parent’s ability to coordinate parenting time, school, and activities
(14) The parents’ relationship with each other, including:

(i) how they communicate with each other;
(ii) whether they can co–parent without disrupting the child’s social and school life; and
(iii) how the parents will resolve any disputes in the future without the need for court intervention

(15) The child’s preference, if age-appropriate and
(16) Any other factor that the court considers appropriate in determining how best to serve the physical, developmental, and emotional needs of the child

For determining what is fair and equitable related to alimony, the courts must consider the following:

(1) The ability of the party seeking alimony to be wholly or partly self-supporting
(2) The time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment
(3) The standard of living that the parties established during their marriage
(4) The duration of the marriage
(5) The contributions, monetary and nonmonetary, of each party to the well-being of the family
(6) The circumstances that contributed to the estrangement of the parties
(7) The age of each party
(8) The physical and mental condition of each party
(9) The ability of the party from whom alimony is sought to meet that party’s needs while meeting the needs of the party seeking alimony
(10) Any agreement between the parties
(11) The financial needs and financial resources of each party
(12) Whether the award would cause a spouse to become eligible for medical assistance earlier than would otherwise occur

Differences

As can be seen from reviewing the two statutory lists, there is very little overlap in the factors that the Maryland divorce court must consider with each decision. As such, there is no correlation between being awarded custody and getting more alimony.

Contact Waldorf, Maryland, Family Law and Child Custody Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is 11701 Central Avenue, Suite 200, Waldorf, MD, 20601.