Silver Springs, MD Alimony Attorney
Divorce is, needless to say, a difficult experience in many circumstances. True, some divorces are relatively amicable, with both spouses deciding that “seeing other people” is for the best. However, many other divorces are bitterly fought over ordeals where the spouses simply want to hurt each other. One thing that is often a point of concern in divorce is alimony, which is court-compelled payments from one spouse to another.
Alimony is based on a lot of different factors, including standard of living, children and child custody arrangements, employment, educational status, and countless more factors that can make a court determine whether you should pay alimony and how much those payments should be. Most often, alimony payments are temporary, but they can last indefinitely. If you are concerned about needing to pay or receive alimony payments, you should contact an attorney to get professional help with that matter.
Have our alimony attorneys from Rice, Murtha & Psoras go over your case when you call (410) 694-7291.
What is Alimony in Silver Springs, MD?
Alimony is when one spouse pays another from time to time. The idea behind alimony payments is to have the spouse receiving payments, over time, be able to support themselves. In other words, one spouse is helping another get on their “own two feet” by providing court-mandated financial support.
In most circumstances, spouses are supportive of one another, so it begs the question as to why alimony payments are court-ordered in the first place. Alimony payments are awarded by courts when spouses are getting divorced, not when they are staying married. Understandably, this means that it is not likely one spouse will want to pay the other. Therefore, courts intervene and compel payments so that one of the divorced spouses can become self-supporting.
What Kinds of Alimony Are There in Silver Springs, MD?
There are different types of alimony that the court may compel you to pay. This is because the situations divorcing couples may find them in can vary wildly, so different approaches are needed to suit the situations of different spouses. Generally, alimony determinations are governed by Md. Code, Family Law Art., § 11-106. However, specific types of alimony may have their own governing statutes.
Alimony “Pendente Lite”
Alimony “pendente lite,” or alimony pending litigation, is a payment plan that is in place while a couple is in the process of getting a divorce. This type of alimony is governed by Md. Code, Family Law Art., § 11-202. The idea behind alimony pending divorce is to make sure that both spouses are living relatively comfortably leading up to the finalization of a divorce. This is particularly important if one spouse is financially dependent on another. Without this kind of alimony, a spouse may feel “trapped” in a marriage where they feel unsafe or otherwise unable to leave.
However, alimony pending divorce usually ends once the divorce is finalized. Spouses will need to seek a different type of alimony if they believe they need continued payment after a divorce.
Rehabilitative Alimony
Rehabilitative alimony is meant to help spouses who are trying to eventually be able to support themselves at some point in the future. The purpose of paying alimony in these cases is to enable that eventual independence. For example, suppose a spouse is changing career paths and requires a “train-up” period when they are not able to work and earn income. That spouse may be awarded rehabilitative alimony so they can support themselves while they work to better their prospects.
Indefinite Alimony
Indefinite Alimony lasts, well, indefinitely. This type of spousal support does not have a set end date. Indefinite alimony is usually reserved for those cases where one spouse is significantly financially better off than the other, and the other spouse is unlikely to be able to support themselves to any respectable degree at a point in the future. Generally, indefinite alimony is awarded when a spouse is unable to work because of health-related reasons or other circumstances.
Although indefinite alimony has no built-in end, if circumstances change, you can petition the court to terminate these payments. If you believe that is the case in your situation, you should discuss your alimony needs with our attorneys.
Determining Alimony Payments in Silver Springs, MD
Since every divorce proceeding will be different, there is no “cookie-cutter” way to calculate alimony payments. Instead, courts will have to look at the unique situation of the spouses in front of them. For that reason, it is imperative that you discuss your situation with an attorney to make sure you get a positive outcome.
First, the court takes into consideration the income of each spouse. Naturally, the spouse who makes less will likely not be the one required to make alimony payments, although edge-case circumstances could make that a reality. Courts will also take into account the quality of life for each spouse prior to divorce. If the former couple has lived at a certain standard prior to getting divorced, the court may require alimony payments to maintain that standard for one spouse.
If you and your spouse have children, that can also factor into alimony payments. For example, if you have custody of children, that may give the court pause if they are considering making you pay alimony, as doing so may impact the children’s quality of life.
There are, truly, countless things that could influence alimony payments. Therefore, you need to sit down with experienced legal counsel from our office to figure out how it may affect your case.
Contact Our Alimony Attorneys for Silver Springs, MD, and Discuss Your Case
For a free, totally confidential case review, call Rice, Murtha & Psoras’s alimony attorneys at (410) 694-7291.