What You Should Know About Alimony in Maryland

Spousal support is a lightning rod in many divorce cases. Some people, mostly obligors (people who pay alimony), believe spousal support is little more than a financial incentive for divorce. Other people, mostly obligees (people who receive alimony), believe spousal support is a necessary component of a fair property settlement. Since Maryland law tries to find the middle ground between these two extremes, the law is quite complex.

Because of this complexity, obligors and obligees have important legal rights in Maryland. But these rights are nothing but ink on paper unless a divorce lawyer in Waldorf, Maryland, from the Law Office of Robert R. Castro stands up for these rights in court. Divorce should not be an unfair financial burden on either party. A Waldorf, Maryland, family lawyer helps ensure that alimony supports and does not oppose that goal.

Types of Alimony in Maryland

Spouses file divorces for different reasons and under different circumstances. As a result, Maryland law offers several options in this area:

• Temporary Support: If one spouse files for divorce unexpectedly, the other spouse often receives alimony pendente lite. Temporary support helps obligees pay divorce-related expenses, such as property security deposits and attorneys’ fees. Temporary support orders, which are subject to modification, expire when the judge finalizes the case.
• Rehabilitative Alimony: The most common type awarded in Maryland is means-to-an-end spousal support. It helps a lower-earning spouse become financially independent. This support is usually granted for a limited period, perhaps two years,  so the recipient can pursue education, training, or employment opportunities.
• Indefinite Alimony: This type of spousal support redistributes income between the parties either permanently or for much longer than temporary alimony. Usually, a southern Maryland divorce lawyer must prove the obligee cannot reasonably become self-supporting due to age, illness, or disability, or if the disparity between the parties’ standard of living would be unconscionably high.

The standard of proof in divorce court is usually a preponderance of the evidence (more likely than not). Evidence in alimony disputes mostly includes financial records, like tax returns and bank statements.

Alimony Factors in Maryland

To better walk the aforementioned line between extremes, Maryland law sets out a number of factors for judges to consider when setting the amount and duration of payments. These factors include:

• Each spouse’s ability to be self-supporting,
• Amount of time necessary for the requesting spouse to gain education or training,
• Standard of living established during the marriage, 
• Length of the marriage,
• Financial contributions of each spouse to the household,
• The age and physical or mental condition of each spouse, and
• Fault in the breakup of the marriage.

Courts may also consider any agreements made between the spouses regarding financial support. Even uneven or one-sided prenuptial agreements are usually enforceable in Maryland.

Modifying or Terminating Alimony

In many situations, alimony orders can be modified if financial circumstances significantly change. The judge may change the amount and/or duration of payments if:

• Job change (significantly more or less money),
• Obligee achieves financial independence, or
• Obligor’s business takes off.

Emotional circumstances could affect spousal support as well. Alimony typically ends if the obligee remarries. It may also terminate if the obligee lives with a new partner in a marriage-like relationship.

Count on a Detail-Oriented Calvert County Lawyer

All parties have important legal and financial rights in divorces and other family law proceedings. For a confidential consultation with an experienced custody lawyer in Charles County, Maryland, contact the Law Office of Robert R. Castro, 11701 Central Ave Suite 200, Waldorf, MD 20601. Call us at (301) 870-1200 or go online now.

This article has been provided by the Law Office of Robert R. Castro. For more information or questions, contact our office to speak to an experienced lawyer at (301) 870-1200.