During your marriage, you may have supported your spouse’s career while you managed your home and the children. Maybe you worked part-time. Maybe you stayed at home full-time. Either way, now that your marriage is ending, you realize that you can no longer rely on your spouse’s income to continue to make ends meet, at least in the short term.
Although not all spouses qualify for spousal support, depending on your circumstances, you may be able to make a claim for alimony as part of your divorce.
How McCabe Russell Divorce and Child Custody Lawyers can help
- Why choose McCabe Russell Divorce and Child Custody Lawyers
- What is Maryland’s alimony law?
- What are the different types of alimony payments?
- What factors does the family court use to determine alimony?
- Frequently asked questions
- Types of cases we handle
- Do you have a Rockville alimony attorney near me?
Why choose McCabe Russell Divorce and Child Custody Lawyers
The Rockville, Maryland attorneys at McCabe Russell Divorce and Child Custody Lawyers understand the uncertainty and fear that you may be experiencing during this time. We know you worry that the division of property may only cover your short-term financial needs. You still need money to put food on the table, pay for health insurance, buy new clothes, and enjoy life. Our Rockville spousal support lawyers can help you to understand when you are eligible for alimony, how long you can receive alimony, and what payments you can expect.
What is Maryland’s alimony law?
Before the late 1970s, Maryland law recognized alimony but historically awarded it primarily to wives. Following the adoption of Maryland’s Equal Rights Amendment and subsequent changes to state law, alimony became gender-neutral, allowing courts to award it to either spouse based on financial need and other statutory factors.
Alimony matters are handled in Maryland Circuit Courts, which hear family law cases and may informally be referred to as family court. The family court may order periodic payments or a lump sum payment of alimony.
Alimony can also be negotiated between the lawyers for each spouse or by mediators, depending on the needs and circumstances of each spouse. Generally, a family court judge will review any agreement to ensure it is fair, equitable, and consistent with Maryland law before incorporation into a decree. This is why, when you are negotiating an agreement with your ex-spouse, you need a skilled attorney by your side during the initial negotiations and the review process.
What are the different types of alimony payments?
Under current Maryland law, there are three kinds of alimony awards: alimony pendente lite, rehabilitative alimony, and indefinite alimony.
Alimony pendente lite
This is also known as alimony during litigation. Once a divorce action is filed, temporary support may be necessary before a final decree is entered.
Also, Maryland law recognizes that some people try to use their financial advantage to force their ex-spouses into unreasonable and unfair settlements. Alimony pendente lite is a temporary alimony award that requires your spouse to pay you a sum of money to help preserve the status quo during your divorce litigation, up to the point where your divorce becomes final.
Rehabilitative alimony
Rehabilitative alimony is a short-term payment by your spouse to help you get an education, acquire a license so you can work, or learn a trade. Rehabilitative alimony is generally awarded for the period reasonably necessary for the recipient to become self-supporting, which varies depending on the circumstances. This form of alimony is used for tuition, books, daycare expenses if you have children, transportation costs, and other expenses that may come with learning marketable skills.
Indefinite alimony
This long-term payment, also known as indefinite alimony, is for spouses who cannot reasonably be expected to make substantial progress toward self-support due to a factor like age or illness, or, even after reasonable progress toward self-support, the parties’ standards of living would remain unconscionably disparate. For example, you may receive alimony because of an illness or a disability, you cannot make reasonable progress toward supporting yourself, or even if you can make reasonable progress, your ex-spouse's standard of living is "unconscionably disparate" from yours.
The award of indefinite alimony may be through mutual agreement or by court order and typically continues until terminated by the recipient’s remarriage, the death of either party, or court order based on a material change in circumstances, unless otherwise agreed. Indefinite alimony is the rarest of all alimony awards.
In some circumstances, the spouse who pays indefinite alimony may be able to reduce or end it if he or she is legitimately unable to work, or for health or other valid reasons, but modifications take skill and finesse to accomplish. If you are seeking to modify your support order, we may be able to help.
What factors does the family court use to determine alimony?
Alimony is never guaranteed. Under Maryland Family Law §11-106, the family court will consider multiple factors when deciding whether to award or deny spousal support. Some of those factors include:
- The resolution of the equitable division dispute
- The length of the marriage
- The standard of living established during your marriage
- The monetary and nonmonetary contributions of each spouse to the well-being of the family
- The financial fortunes or misfortunes of both spouses
- How old each person is
- The education level of each party, and the time necessary for the party seeking alimony to gain education or training to find employment
- The ability of each spouse to earn a living, and the ability of the party seeking alimony to become wholly or partly self-supporting
- The ability of the paying spouse to remain financially independent while making alimony payments
- The physical, mental, and emotional abilities of each spouse
- Whether retirement benefits are available
The family court may also consider factors not expressly listed above. These can include any factors that the court may deem necessary or appropriate to arrive at a fair and equitable award of alimony.
Frequently asked questions
What happens if I do not request alimony during the divorce proceedings?
Alimony can be awarded only during the divorce case. Under Maryland law, if you do not make a claim for alimony as part of a divorce, this means that you cannot come back later after the marriage has ended and start an alimony claim. Unless alimony is expressly reserved in the divorce judgment, the right to seek alimony is extinguished once the divorce becomes final.
How does an alimony agreement affect the ability of the court to modify alimony?
If you and your spouse signed an agreement about alimony, then the family court may be bound by it depending on the terms of the agreement. If the agreement is legally valid, then the court will not be able to change this agreement as part of your divorce. An agreement between you and your spouse can be broader than what the court might decide on its own.
Can alimony be modified?
Under the right circumstances, the family court can modify alimony upon a material change in circumstances affecting either party.
Some examples of changes in circumstances that can justify a modification of alimony include:
- The paying spouse has a substantial decrease in income
- The paying spouse becomes injured or is otherwise disabled
- The paying spouse involuntarily loses employment
- The receiving spouse inherits substantial assets
- The receiving spouse’s expenses have been reduced
Does marital fault affect alimony?
Not necessarily. Even if one spouse caused the divorce, that individual may still be eligible for alimony if he or she meets the financial need criteria established above.
Are there tax consequences for alimony?
For divorces finalized after December 31, 2018, alimony payments are not deductible by the payer and are not taxable income to the recipient under federal law.
Types of cases we handle
Our Rockville family attorneys handle a variety of cases, including:
Do you have a Rockville alimony attorney near me?
Yes, McCabe Russell Divorce and Child Custody Lawyers is located at 98 Church Street, Suite 100, Rockville, MD, 20850. We’re here to help. Contact us today to discuss your alimony rights.
Speak to a trusted Rockville alimony attorney today
At McCabe Russell Divorce and Child Custody Lawyers, we provide a safe and supportive environment for our clients to meet us. We are experienced divorce lawyers who know what it takes to help our clients. If you are seeking alimony or wish to modify an existing order, please call today or fill out our contact form to schedule a consultation.
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199 E Montgomery Ave
Suite 100
Rockville, Maryland 20850
Phone: (443) 812-1435