Bethesda Alimony Lawyers

What types of alimony awards are available in a Maryland divorce?

There are three types of alimony awards in Maryland for spouses who are divorcing:

• Alimony pendente lite.This is a limited monetary award intended to maintain the parties’ financial status quo during the divorce proceedings, based on need and ability to pay. It is meant to level the playing field, so alimony contests are based on merit, not wealth.
• Rehabilitative alimony.This type of alimony is used when a person could support themselves if they obtain a college degree, learn a trade, or obtain a license or certificate, such as a cosmetology license. Rehabilitative alimony is awarded for a defined period based on the time reasonably necessary for a spouse to become self-supporting.
• Indefinite alimony. With no preset end date, indefinite alimony may be awarded if the court finds either limited ability to become self-supporting due to age/illness/infirmity/disability, or that the parties’ standards of living will be unconscionably disparate even after maximum reasonable progress; it generally ends on the death of either party or the recipient’s remarriage unless the parties agree otherwise.

Will I receive spousal support in my divorce?

Given that the purpose of alimony is to allow the recipient to become self-supporting, the spouse who is dependent on the other spouse for financial upkeep may be awarded spousal support in a way that will encourage their self-sufficiency. There is no guarantee, however, that you will receive alimony after your divorce.

How does Montgomery County determine the amount and length of alimony awards?

Family courts and lawyers examine circumstances that contributed to the estrangement of the parties, where relevant, to determine what alimony should be ordered. These factors include:

• The ability of the spouse asking for alimony to be wholly or partially self-supporting
• The time the spouse asking for alimony needs to become self-supporting
• The standard of living of the spouses during their marriage
• The length of the marriage
• The monetary and nonmonetary contributions of each party to the well-being of the family
• The age of each spouse
• The physical and mental health of each spouse
• Each spouse's education level
• The ability of the spouse being asked to pay alimony to meet their needs while meeting the needs of the party seeking alimony
• Any agreements, including prenuptial and postnuptial agreements
• The financial needs and financial resources of each party, including:
  • The assets and income of each spouse, including non-income-producing assets
  • The nature and amount of the financial obligations of each party
  • The right of each spouse to retirement benefits
  • Other statutory criteria

How the marital property is being divided is also an alimony factor.

How do you enforce alimony awards in Bethesda?

Our Bethesda alimony lawyers file contempt motions if a payor spouse fails to pay their alimony payments when due. The contempt motion tells the family court that the other spouse is not meeting their duty to pay alimony. The family court can order the payor spouse to pay the amount due within a specific time period. Nonpayment may be enforced through civil contempt. Incarceration for civil contempt is permitted only if the court finds the payor has the present ability to comply and is willfully refusing to do so.

Are there grounds for modifying alimony awards in Bethesda?

Court-awarded alimony can be modified if there is a significant change in circumstances, such as the payor spouse losing a job or the payee spouse obtaining employment. Generally, unless the parties agree otherwise, the person paying alimony may seek to terminate an alimony award if the recipient remarries or dies.

A spouse cannot quit their job to avoid the duty of paying alimony.

What are the tax consequences of alimony?

Generally, for divorce and separation agreements executed after 2018 (and certain pre-2019 instruments modified after 2018 that expressly adopt the new rule), the IRS provides that the payor spouse cannot take a tax deduction for alimony payments, and the receiving spouse does not report the alimony as federal income. According to the IRS, alimony does not include the following:

• Child support
• Noncash property settlements
• Certain payments to keep up the payor’s property (depending on ownership and the terms of the divorce or separation instrument)
• Use of the payor’s property
• Voluntary payments – payments that aren’t terms of a divorce or a separation agreement or order.

Some cash payments made to third parties on behalf of a spouse or former spouse, including certain housing-related expenses, may qualify as alimony if IRS requirements are met and the divorce or separation instrument so provides.

Do you have a Bethesda alimony lawyer near me?

Our Bethesda office is located at 6701 Democracy One Plaza Loop, Suite 300. We also speak with clients by phone and through Zoom, FaceTime, and other online video platforms.

We can explain what alimony you should receive or pay and advocate on your behalf to ensure a fair amount is negotiated or ordered.