Alimony and Spousal Support
Which Party Has To Pay Spousal Support Or Alimony In A Divorce?
Generally speaking, the person who generated the majority of the income during the marriage will have to pay alimony or spousal support in the event of divorce.
Is Alimony Always Awarded In A Divorce?
Alimony is not always awarded in a divorce. Even if one party requests alimony, the court must make an analysis of whether or not that party is entitled to alimony. If they are not, then they will not receive alimony.
Is There Certain Criteria Such As Years Of Marriage That Is Considered In Order To Get Spousal Support?
There is no set number of years, but the longer the marriage, the more likely it is that the dependent spouse will obtain alimony, whether it be for a short period of time or indefinitely.
When Does Alimony Typically Begin? Can You Get Support During The Separation?
You can get alimony or spousal support during the separation and while divorce proceedings are pending. This is known as “pendente lite” alimony, or “temporary” alimony. A court can award this type of alimony between when you file for a divorce and when the divorce is finalized.
How Long Will I Have to Pay Or Will I Receive Alimony?
The court will consider many factors to determine how much should be paid and how long it should last, including the length of the marriage, the financial situation of the parties during the marriage, now and in future, the parties’ age, and the physical and mental health of the parties.
How Is The Amount Of Alimony Determined?
The amount of alimony depends on the needs of the party and the ability of the other party to pay. Both parties complete a financial statement where they list each and every expense, their income, and the value of their assets and debts. This will help the court decide the amount of alimony that the dependent party needs and that the providing party is able to pay.
Can The Amount Of Alimony Ever Be Changed Or Modified?
The amount of alimony can change if there is a substantial and material change in circumstances, unless there is a provision in the agreement that the court cannot change the amount of alimony, which is very common. Then, the amount remains as it is.
Does The Commission Of Adultery By Either Spouse Impact Alimony In Maryland?
Adultery does affect alimony in Maryland. One of the factors when determining alimony is the circumstances that contributed to the estrangement of the parties, which would include adultery.
What Are My Rights If My Ex-Spouse Fails To Pay Alimony?
If alimony is court ordered and not paid, the payee can file a motion for contempt, and the court would then have a hearing and order the party to pay. Sometimes the court will also order consequences, such as payment of attorney’s fees or additional money based on any hardship that they’ve caused.
Additional Information Regarding Alimony In The State Of Maryland
There are tax consequences and implications related to alimony in Maryland. In the past, alimony has been something that is tax deductible and considered income to the spouse that is getting the alimony, but that has recently changed. Now, you can’t have it be tax deductible or considered income. That’s a new law. If you may be affected by this, we recommend that you speak with an accountant to ensure that your taxes are accurate and well-understood.
Indefinite alimony is rare unless the parties have been married for a very long time and there is absolutely no way that the payee can become self-supporting. Most of the time, courts prefer for the dependent spouse to ultimately get a job and try to become self-supporting.
For more information on Alimony Or Spousal Support In Maryland, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (301) 340-1911 today.