“Money often costs too much.”
— Ralph Waldo Emerson
Nothing causes greater angst to a divorcing spouse than the thought of an unstable financial future. This is true for both the spouse paying the alimony and one who believes he/she needs it. The purpose of alimony is to assist the spouse who is less able to support themselves during the pendency of the divorce, after the divorce, or both. McCabe Russell, PA, has obtained alimony awards for those who need them and successfully defended unjustified alimony claims.
In divorce cases in Maryland there are three forms of alimony (also called “spousal support”):
- Temporary alimony (or “pendente lite alimony”): This is an alimony award that lasts while the case is pending trial. If the parties cannot agree on an amount, the court can order temporary alimony based on one party’s need and the other party’s ability to pay.
- Indefinite alimony: This is the least favored category of alimony. When a party receives indefinite alimony, the court does not specify an end date to the alimony payments. Typically, judges consider awards of indefinite alimony where there is a sizeable discrepancy between the incomes of the two spouses, where the marriage is particularly long or the circumstances of the demise of the marriage particularly egregious, and/or where one spouse is disabled or chronically ill.
- Rehabilitative alimony: Judges favor rehabilitative alimony over indefinite alimony. Rehabilitative alimony is awarded for a specified period of time during which the lesser-earning spouse may develop a skill, further his/her education, or re-enter the work force.
Both straight and same-sex married couples can seek alimony in Maryland. Alimony usually terminates upon the death of either spouse or upon the remarriage of the spouse receiving the alimony. Unless the parties agree in a separate, specifically worded and executed agreement, all forms of alimony can be modified or terminated by the Court in appropriate circumstances.
The attorneys at McCabe Russell, PA, have both successfully obtained alimony for their clients and defended against unjustified claims for alimony. For an appointment to discuss your alimony concerns contact McCabe Russell, PA. To make an appointment in our Fulton (Howard County) office or our Rockville (Montgomery County) office, please call 443.812.1435 or fill out our contact form.