Alimony Lawyers in Rockville, MD

Fait & DiLima, LLP is here to guide you through alimony proceedings related to your legal separation or divorce.

What is Alimony?

Alimony is the legal obligation of one person to support their spouse financially (partially or fully) before, during or after divorce. The party with the financial capability to provide support is usually required to pay alimony. Some divorces don’t include the issue of alimony at all.

While the concept is straightforward, the reality is that several factors go into alimony considerations. It is easy to find something to disagree about, whether it be the amount, duration or method of the alimony to be paid.

What is the Difference Between Alimony and Child Support?

Alimony is paid to support a spouse or former spouse. Child support is paid to support minor children. Neither alimony or child support are taxable or deductible for tax purposes.

Who Can Receive Alimony?

In the past, it was usually the wife who received alimony, in today’s climate, either spouse can receive spousal support or alimony.

Factors in Determining Alimony

There is no fixed formula or calculator that we can use to determine how much alimony is to be paid by a person to their spouse. To make a fair and equitable decision, the court will look at:

• The person seeking alimony’s ability to be wholly or partly self-supporting
• Time needed for education or training
• Ability of the party from whom alimony is sought to meet their own needs while meeting the needs of the ex-spouse
• Family living standard.

In addition, the court looks at many of the same factors considered in making a monetary award:

• Duration of the marriage
• Contributions, monetary and nonmonetary, of each party to the well-being of the family
• Circumstances that contributed to the estrangement of the parties
• Age of each spouse
• Physical and mental condition of each spouse
• Any agreement between the parties
• Financial needs and financial resources of each party, including a) all income and assets, including non-income property b) any monetary award or use and possession award c) the nature and amount of the financial obligations of each party and d) the right of each spouse to receive retirement benefits

Reaching Agreement Without a Judge

The easiest way to address alimony payments is to keep them out of court. No one wants to have a judge or anyone else dictate what they have to do with their money, so it is best to reach mutual agreement with your spouse in advance of any court date. It is best to meet with your spouse, with attorneys present, to have an effective discussion on how finances will be managed after separation. The agreed upon terms will then be documented by the attorneys and reflected in the court order.

Resources

Common Alimony Questions Answered