Factors That Determine Alimony In A Maryland Divorce
Alimony constitutes a payment from one spouse to the other after a divorce has been finalized. The purpose of alimony is to ensure that the recipient spouse is self-supporting and can maintain their standard of living. Maryland courts generally award rehabilitative alimony to a spouse who doesn’t earn as much as their former partner. This allows the recipient spouse to get schooling or training to ensure that they become self-supporting. In this article, the Maryland alimony attorneys at Schlaich & Thompson Chartered will discuss various forms of alimony and factors that determine alimony in a Maryland divorce.
Types of alimony in Maryland
Three main types of alimony that can be awarded in Maryland. Those are:
Alimony pendente lite – This type of alimony is awarded between when the divorce begins and the divorce is finalized. The purpose of alimony pendente lite is to preserve the financial status quo for the recipient spouse and ensure that they have their needs met while litigation is pending.
Rehabilitative alimony – This type of alimony is awarded to those who need financial support for a specific amount of time. The money is generally used by the recipient to acquire additional schooling or training so that they can become self-supporting. If one spouse was primarily a homemaker who cared for the children, this type of alimony would be awarded so that they could return to school and complete a degree.
Indefinite alimony – This type of alimony has no particular end date and goes on indefinitely. Indefinite alimony is rarely awarded, but when it is, it is because the recipient spouse is ill, disabled, or older and has little hope of progressing toward self-sufficiency. In other cases, the paying spouse earns much more money than the recipient spouse and their standard of living is “unconscionably disparate” from the paying spouse.
Factors that determine alimony in Maryland
The court will consider several factors when determining what an alimony payment should look like. These include:
- Any prenuptial or postnuptial agreements between the spouses
- Assets and income of both parties
- Each party’s financial prospects during the marriage, at present, and in the future
- Each party’s age and mental and physical health
- Retirement benefits that each party will receive
- The ability of each spouse to be self-supporting
- The ability of the payer of alimony to meet their own financial needs while paying
- The financial obligations of both parties
- The financial resources and needs of both spouses
- The length of the marriage
- The reason for the divorce
The divorce court can also consider additional factors when deciding alimony, but the aforementioned are the main factors used in that determination. The court will consider whether or not the division of assets is fair or equitable when the divorce is finalized. It will base its decision on a fair and equitable outcome for both parties.
Talk to a Maryland Divorce Lawyer Today
Schlaich & Thompson, Chartered, represents the interests of Maryland residents pursuing a divorce. Call our office today to schedule an appointment, and we can begin discussing the next chapter of your life right away.