Columbia, MD Alimony Attorney
Separating from your spouse is challenging for a multitude of reasons. If alimony becomes a contested debate, our attorneys can help so that your divorce proceedings run as smoothly as possible.
If you are getting divorced in Columbia, it is important to understand how alimony might factor into your separation from your spouse. Alimony is calculated based on certain factors, such as each spouse’s current income, financial status, and employment status. Child support can also impact alimony payments. Alimony might last for several months or years. Even after alimony is set, it can be amended if certain situations change. To amend an alimony agreement, you must petition the court. Even if you have a prenuptial agreement with your spouse, alimony may not be out of the question.
For help from our Columbia, MD alimony attorneys, call (410) 694-7291 and set up a free case review with Rice, Murtha & Psoras today.
How to Calculate Alimony Payments in Columbia, MD
Courts do not necessarily calculate alimony payments using a one-size-fits-all method. Each case is different, and alimony payments will reflect each couple’s specific situation and finances.
Whether you wish to receive alimony or you are concerned that you will have to pay too much in alimony following a divorce from your spouse, you most likely want to know the amount of those possible payments. When calculating alimony, the court may consider a few factors. The first is the income of both spouses. Generally, the spouse with the higher income is the one that will pay alimony if doing so is necessary. If one spouse is unable to live independently following their divorce because of their income, the other spouse may be ordered by the court to pay alimony.
Then the court may also consider each spouse’s quality of life prior to the divorce. The standard of living you have grown accustomed to might entitle you to higher alimony payments for some time after you have divorced. How long one spouse receives alimony also varies from case to case.
Suppose you share children with your spouse, are the custodial parent following a divorce, and earn more money than your spouse. You may not have to pay alimony, especially if you will not receive significant child support because of your ex-spouse’s income. Although child support and alimony can be evaluated independently of one another, they do sometimes influence each other. Regardless of your situation, our alimony attorneys will negotiate an alimony agreement that works in your favor so that you are not treated unfairly following your divorce in Columbia. If you and your spouse are able to negotiate an alimony agreement without significant involvement from the court, that may be preferable.
How to Change an Alimony Agreement in Columbia, MD
After a divorce, circumstances might change that cause you to want to amend an existing alimony agreement in Columbia. Should this happen, there are certain things you must do.
There are several circumstances where alimony agreements should be amended. For example, suppose child custody has recently been settled, and you are the custodial parent. In that case, you might be entitled to greater alimony payments, especially if your ex-spouse has garnered new financial success.
Or, if you pay alimony, and your ex-spouse has not made any attempts to get a new job in the months following your divorce, you might no longer have to continue paying alimony, or, at the very least, could lower your payments. To do this, you must petition the court in Columbia.
When petitioning the court to amend a current alimony agreement, you must present evidence in your favor. This might include proof that your ex-spouse has gotten a new job, meaning they no longer need to rely on your finances in the same way. Similar proof will be required if you plan to seek greater alimony payments.
If you want to extend your alimony payments, you must explain your reasoning for doing so. For example, suppose you cannot work because of circumstances you are still dealing with from your marriage, such as emotional trauma. In that case, your alimony payments might be extended in Columbia. Altering an alimony agreement can be challenging, as these terms are set during divorce proceedings. That said, situations can change, which could call for alterations to your current agreement.
Prenuptial Agreements and Alimony in Columbia, MD
If you wish divorce and have a prenuptial agreement with your spouse, the subject of alimony could be difficult to broach. That said, it is possible to receive alimony, even if a prenuptial agreement prohibits it.
Today, many prenuptial agreements have an alimony clause that outlines the circumstances when one spouse might become ineligible to receive alimony from the other. For example, if a spouse was disloyal, the other spouse could be exempt from paying alimony following their divorce. Unfortunately, one spouse might claim infidelity in an attempt to avoid paying alimony, even if the other spouse deserves it. Generally, proof of infidelity is required to contest alimony based on the conditions of a prenuptial agreement in Columbia.
Additionally, if there is a clause in your prenuptial agreement that prohibits alimony in all circumstances, you might still be eligible to receive it in certain situations. For example, if the prenuptial agreement is unconscionable or was signed as a result of fraud, it might become void, entitling one spouse to alimony. Prenuptial agreements are signed before marriage. Throughout the course of a marriage, circumstances change which could make certain aspects of a prenuptial agreement subject to scrutiny from the court during divorce proceedings. All that is to say, even if you have a prenuptial agreement in place, you may still get alimony payments from your ex-spouse in Columbia.
Contact Our Columbia, MD Attorneys for Help with Your Divorce
To have Rice, Murtha & Psoras today analyze your case for free, call our alimony attorneys today at (410) 694-7291.