How is Alimony Determined in a Divorce?

When couples split, it is common for one party to be awarded spousal support, which is also referred to as alimony. In Maryland, there are many different types of support that a judge can award, depending on the specific circumstances of the marriage. Continue reading to learn more about the different types of alimony and the factors a judge will examine before determining how it should be awarded.

Spousal Support in Maryland

Since divorce can take some time before it is finalized, a judge may award temporary support, or pendente lite support, until either a new order is issued or the divorce is finalized. If the out-of-work spouse simply needs time to receive training and education to pursue gainful employment, a judge may award rehabilitative support.

Of course, it is also possible for spousal support to be permanent when a supported spouse cannot become financially dependent. For example, if you cannot secure a job due to a disability, age, or illness, the court may order support for an indefinite amount of time. That said, permanent support may end if the supported spouse remarries or lives with a new romantic partner.

To determine if a spouse qualifies for spousal support, a judge will examine the following factors:

  • The standard of living during the marriage
  • The length of the marriage
  • The amount of time a spouse may need to gain education and training for employment
  • Each spouse’s contributions to the marriage, including monetary and non-monetary
  • Both spouse’s age, mental, and physical condition
  • The paying spouse’s ability to stay financially independent while providing spousal support

Judges are also given a lot of discretion when determining spousal support, so there is no tried-and-true formula for calculating spousal support.

Discuss Your Divorce Case with a Knowledgeable Family Law Attorney Today!

If you are getting a divorce, a judge may award alimony in your case. Whether you are seeking alimony or expect to pay it, the family law team at Fait & DiLima, LLP can ensure the best possible results for your case. With more than 50 years of combined legal experience on our side, you can trust that our attorneys will help you achieve your goals.

Reach out to our law office today at (301) 251-0100 to set up an initial case evaluation with one of our family law attorneys to discuss the details of your divorce and learn more about what our team can do for you during this difficult time.

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