Divorce Alimony in Maryland

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Points observed by court in Divorce Maryland Alimony

The courts in this state attempt a fair and equitable award of alimony after due regard to the following points.

  • Whether the result of the alimony award, would be such that the payee spouse or a spouse who resides in a care facility with more than 2 patients would become entitled to medical help earlier than would occur in the absence of the award
  • All financial sources and requirements of both spouses, inclusive of
    • The right of each spouse to avail retirement benefits
    • The nature and amount of financial obligations of both spouses
    • Whether any partner has been given the award of possession and use of family property?
    • Whether any partner has been allocated any monetary award regarding property?
    • All assets and income sources of both spouses inclusive of all the property that does not generate income
  • Have the parties seeking divorce made any agreement in the past?
  • The capacity of the spouse from whom alimony is expected to fulfill the requirements of both spouses
  • The mental state and physical condition of both spouses
  • The age of both spouses
  • What were the conditions that resulted in separation of the two partners?
  • The non monetary and monetary inputs of both spouses for the well being of the family
  • The duration of marital life
  • The standard of living during marital life
  • The recipient of alimony would require how many months or years to attain adequate education or training to be suitably employed?
  • Is the spouse seeking alimony capable of becoming partially or completely self dependent?

Types of Divorce Maryland Alimony

Alimony Pendente Lite

  • This is the money paid from the moment one spouse files for divorce till the moment the divorce is made final
  • The objective of this payment is to maintain status quo during the divorce proceedings
  • If this alimony is granted, it does not imply that the court will grant alimony post divorce

Rehabilitative Alimony

  • The probability that the court will grant this alimony is very high
  • This alimony is for a specific time frame till a goal is reached. For example, till the recipient attends school to complete a degree program so that he/she can become self reliant
  • On an average, one can expect rehabilitative alimony for 3 to 10 years (these figures may vary as per individual circumstances)

Indefinite Alimony

  • The possibility that the court would grant this alimony is very less
  • There is no particular termination incidence for this alimony
  • This alimony may be granted, when age, illness or disability are the reasons that the recipient spouse fails to
    • Achieve reasonable progress to become self dependent
      • Although the recipient spouse has made reasonable progress, there is a very large and unfair difference between the standard of living of the recipient and payer spouses
  • In the future, if any ex spouse requests the court to consider the alimony amount, it may be altered or terminated

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