Divorce Alimony in Maryland
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Many couples face various problems during marital life. If these issues are intensive enough to break the bond, the couple opts for a dissolution of marriage. Marital dissolution has to be carried out by following specific rules and regulations of the residing state. Divorce alimony in Maryland is a part of a legal procedure of a dissolution of marriage. It can be described as a financial support provided by a richer spouse to the other, to satisfy the requirements of one's life. Often, it is granted as a help to a spouse, who is suffering from the dearth of sufficient income due to disintegration of the union.
Often, this issue is solved through discussion between partners. The spouses who fail to do so can ask the court to take a decision on this aspect of dissolution.
Types of Divorce Alimony in Maryland
Alimony Pendente Lite
- This is the money paid from the moment one spouse files for a disintegration of marital union in the court till the moment the court issues a final decree.
- The objective of this payment is to maintain the status quo during the proceedings.
- If it is granted, it does not imply that the court will grant maintenance after dissolution.
- In most cases, the court grants such type of maintenance for the partner seeking assistance.
- This help is for a specific time frame till a goal is reached. For example, till the recipient attends school to complete a degree program so that he/she can become self reliant.
- On an average, one can expect this payment for 3 to 10 years (these figures may vary as per individual circumstances).
- There is no particular termination incidence for this type.
- This maintenance may be granted, when owing to age, illness or disability the recipient spouse fails to -
- Achieve reasonable progress to become self dependent.
- Although the recipient spouse has made reasonable progress, there is a very large and unfair difference between the standard of living of the recipient and payer spouses.
- In the future, if any ex spouse requests the court to consider and review the amount, it may be altered or terminated.
Points observed by the when granting Alimony in Maryland
The courts in this state attempt a fair and equitable plan after due regard to the following points:
- When awarding spousal support, will the payee spouse or a spouse who resides in a care facility be entitled to receive enough medical help. Will he or she be able to get better medical facilities due to this award.
- All financial sources and requirements of both spouses, inclusive of -
- The right of each spouse to avail retirement benefits.
- The nature and amount of financial obligations of both spouses.
- Whether any partner has been given the award of possession and use of family property?
- Whether any partner has been allocated any monetary award regarding property?
- All assets and income sources of both spouses inclusive of all the property that does not generate income.
- Have the parties seeking divorce made any agreement in the past?
- The capacity of the spouse from whom spousal maintenance is expected to fulfill the requirements of both spouses.
- The mental state and physical condition of both spouses.
- The age of both spouses.
- What were the conditions that resulted in separation of the two partners?
- The non monetary and monetary inputs of both spouses for the well being of the family.
- The duration of marital life.
- The standard of living during marital life.
- The recipient would require some period to attain adequate education or training to be suitably employed. What is the exact duration for this?
- Is the spouse capable of becoming partially or completely self dependent?
Termination of the Alimony in Maryland
Spousal support payment will be stopped legally under the following circumstances:
- If the receiving spouse remarries or starts living with a person of opposite sex. Cohabitation with a richer person will be taken as a valid ground for termination of support from the ex-spouse.
- If such beneficiary of maintenance dies.
- Temporary support orders are bound to be invalidated from the date of the issue of final divorce decree.
If the partners are not acquainted with the state laws in Maryland, they may opt for a legal guidance regarding calculation of the support amount and settlement. Also, the tax impacts should be considered while determining alimony.