Alimony -> Maryland
Alimony, also known as spousal support, is financial assistance paid by one spouse to the other during or after divorce. In Maryland, alimony is not automatically granted; instead, it is awarded based on a detailed evaluation of financial and personal circumstances. Whether temporary or long-term, alimony aims to promote fairness and help each spouse transition into post-divorce life with stability.
Types of Alimony
- Temporary Alimony (Pendente Lite):
- Awarded during the divorce proceedings to maintain the financial status quo until a final decision is made.
- Rehabilitative Alimony:
- Aimed at supporting the lower-earning spouse for a specific period to allow them to gain skills or education needed to become self-supporting. For example, a spouse may be awarded rehabilitative alimony to complete a degree program that enables them to secure employment.
- Indefinite Alimony:
- Awarded when the court determines that the recipient spouse cannot become self-sufficient or if there is a substantial disparity in living standards that would be unconscionable after the divorce .
- Reimbursement Alimony:
- Granted to repay one spouse for financial contributions made during the marriage, such as paying for the other spouse’s education or professional training.
Factors for Calculating Alimony
The Maryland Code, Family Law Section 11-106, outlines several factors considered by the court:
- Financial Needs and Resources: The court examines both spouses’ financial situations, including income, assets, and debts.
- Standard of Living: The lifestyle enjoyed during the marriage is a significant consideration.
- Length of Marriage: Longer marriages may justify longer or indefinite alimony.
- Contributions to the Marriage: Both financial and non-financial contributions, such as homemaking and supporting the other spouse’s career, are evaluated.
- Relevant Case Law
- Solomon v. Solomon (2004):This case highlighted the court’s discretion in awarding indefinite alimony where the recipient cannot achieve a comparable standard of living post-divorce.
- Boemio v. Boemio (2010): Affirmed the importance of considering the lifestyle established during the marriage and each spouse’s potential to become self-supporting.
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Frequently Asked Questions
What is alimony in Maryland, and is it automatically granted in divorce cases?
Alimony, or spousal support, is financial assistance paid by one spouse to the other during or after divorce to promote fairness and stability. In Maryland, it is not automatic; courts award it based on a detailed evaluation of the spouses’ financial needs, resources, and circumstances under Family Law Section 11-106.
What are the main types of alimony available in Maryland?
Maryland recognizes several types: temporary (pendente lite) alimony to maintain the status quo during proceedings; rehabilitative alimony for a set period to help the recipient gain skills or education for self-sufficiency; indefinite alimony when the recipient cannot become self-supporting or a disparity in living standards would be unconscionable; and reimbursement alimony to repay contributions like funding the other spouse’s education.
What factors do Maryland courts consider when calculating alimony?
Courts weigh factors from Maryland Code, Family Law § 11-106, including both spouses’ financial needs, resources, income, assets, and debts; the standard of living during the marriage; length of the marriage; and contributions to the marriage, both financial (e.g., earnings) and non-financial (e.g., homemaking or career support).
Under what conditions might indefinite alimony be awarded in Maryland?
Indefinite alimony is granted if the court finds the recipient spouse cannot reasonably become self-sufficient or if denying it would create an unconscionable disparity in living standards post-divorce, often in long-term marriages with significant earning gaps.