Silver Spring, Maryland Alimony Law
Silver Spring, Maryland Alimony Law
Going through a divorce is never easy. Aside from the personal issues you’re facing, you also have to figure out your finances on your own as you begin a new way of life. Silver Spring, Maryland alimony laws have been created to help you ease through this transition period so you won’t be scrambling to support yourself when you once relied on the extra income of your spouse.
At Andalman & Flynn, we can help protect your rights as you go through this difficult process—whether you’re seeking an alimony payment or defending against one. Schedule a consultation today and an experienced alimony attorney in the Silver Spring, MD area will provide you with the dedicated legal representation you need.
Who Can Receive Alimony Payments?
Are you wondering if you’re eligible to receive alimony payments? According to Silver Spring, Maryland alimony law, payments may be awarded in order to:
- Ensure the economic self-sufficiency of the dependent spouse
- Ensure an equitable distribution of the marital estate
- Prevent an unconscionable disparity between an economically dependent and economically dominant spouse
Types of Alimony in Silver Spring, MD Include:
Alimony pendente lite is granted in order to maintain the status quo of the parties. This ensures that the wife or husband doesn’t suffer any financial hardship while they are waiting for their divorce proceedings to be finalized. There are four elements (or factors) that must be proven before a pendente lite award will be granted:
- Proof of the marriage
- Proof that a divorce proceeding is pending (meaning you have already filed for divorce)
- Proof that the spouse requesting the alimony needs it
- Proof that the other spouse has the ability to pay
Once the divorce has been granted, pendente lite alimony can become term or indefinite alimony.
Term alimony, commonly known as rehabilitative alimony, is awarded only for a specific period of time and for the purpose of easing the transition from being married into living apart from one another and independently. This type of alimony allows for a dependent spouse in the Silver Spring area to obtain the education or skills required to become self-supporting.
Determining an Alimony Award in Silver Spring, MD
Silver Spring, MD courts consider the following elements when determining an alimony award:
- The ability of the party seeking alimony to be self-supporting
- The time it may take for that party to gain education and training
- The standard of living the parties had during their marriage
- The duration of the marriage
- The contributions each party made to their marriage and family
- What circumstances led to the divorce
- The age and physical and mental condition of the parties
- The financial needs of each party
In rare instances, the court may award alimony for an indefinite period of time. The court must find that:
(1) Due to age, illness, infirmity, or disparity, the party seeking alimony cannot reasonably be expected to make substantial progress toward becoming self-supporting; or
(2) That even after the party seeking alimony has made progress towards becoming self-supporting, the standards of living between the two spouses will be so disparate that it would be unconscionable.
Alimony Attorney in the Silver Spring, MD Area
There are two well-known guidelines often followed by the courts when determining alimony payments in Silver Spring, MD: AAML (American Academy of Matrimonial Lawyers) and Kaufman, both of which take into account the length of the marriage and how much each party makes. However, while some judges consider these guidelines for determining alimony payments, it is not mandatory to do so.
It’s also important to note that an alimony award in Silver Spring, MD terminates upon the first of three events to occur:
- The death of one party
- The re-marriage of the receiving party
- The court finding that termination is necessary to avoid a harsh and inequitable result
Determining alimony in Silver Spring, MD can be subjective and completely dependent on the specific facts of the marriage and the family life of the spouses. This makes the process of navigating the court system, whether you’re attempting to get an alimony award or defend against one, very complex. It’s important to choose Silver Spring, MD alimony attorneys who understand this complicated system and have the experience required to guide you through it.
Andalman & Flynn’s Silver Spring area alimony lawyers have a record of winning verdicts in all aspects of family law and can provide you with the legal assistance and advice you need. Schedule a consultation today and feel confident knowing your best interests are protected in the hands of attorneys you can trust.