Alimony
We’re the trusted authority in spousal support. At Andalman & Flynn, we can help protect your rights, whether you’re seeking an alimony payment or defending against one. We understand how daunting it is to try to figure out your finances as you start a new way of life on your own. Fortunately, alimony laws in Maryland and Washington, DC can help you ease through the transition. Whether you’re seeking alimony or are being asked to pay it, there are many factors to take into consideration. We’re here to bring clarity to the complex, while providing compassionate guidance and vigorous legal representation.
Who can receive alimony payments?
Alimony may be awarded 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
A number of types of alimony exist in Maryland. Maryland law has several different types of alimony: pendente lite, rehabilitative alimony, term alimony, and indefinite alimony.
Alimony Pendente Lite:
This award is meant to maintain the status quo of the parties so that the wife or husband doesn’t suffer any financial hardship while they are waiting for their divorce proceedings to be finalized. Pendente lite alimony can become term or indefinite alimony once a divorce has been granted. There are four factors that must be proven before a pendente lite award can be considered:
- 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
Term or Rehabilitative Alimony:
This type of 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. It allows for a dependent spouse to obtain education or skills needed to become self-supporting. The elements the court considers when making a term alimony award are:
- 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
Indefinite Alimony:
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 will have made progress towards becoming self-supporting, the standards of living between the two spouses will be so disparate that it would be unconscionable.
We’re well versed in the complexities of alimony.
There are two primary guidelines often followed by the courts when determining alimony payments in Maryland: 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. Because determining alimony can be subjective and is totally dependent on the specific facts of the marriage and family life of the spouses, navigating the court system to get an alimony award or defending against one is quite complicated. Rely on the seasoned alimony attorneys at Andalman & Flynn can provide you with the assistance you need.
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