- What is alimony?
Alimony is the payment of money for support of a spouse or former
spouse at stated periods (monthly or weekly, usually) during the
joint lives of the parties so long as they are separated.
- 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.
- Is there a formula for determining alimony?
No.
- What factors does a court consider in making an alimony award?
Here is a list of factors: (1) ability to be wholly or partly
self-supporting, (2) time needed for education or training, (3)
the ability of the party from whom alimony is sought to meet that
party's needs while meeting the needs of the party seeking alimony,
(4) family living standard.
In addition, the court looks at many of the same factors considered
in making a monetary award. Here is a list of some of these factors:
(1) the duration of the marriage; (2) the contributions, monetary
and nonmonetary, of each party to the well-being of the family;
(3) the circumstances that contributed to the estrangement of the
parties; (4) the age of each party; (5) the physical and mental
condition of each party; (6) any agreement between the parties;
(7) the financial needs and financial resources of each party, including:(i)
all income and assets, including property that does not produce
income; (ii) any monetary award or use and possession award; (iii)
the nature and amount of the financial obligations of each party;
and (iv) the right of each party to receive retirement benefits.
- What is the relationship between alimony and a monetary award?
Maryland courts have said that alimony and a monetary award are
"significantly interrelated and largely inseparable,"
but that a monetary award is not a "form of nor substitute
for" alimony. In other words, the court must consider the two
issues together in order to achieve a fair result.
- When does alimony start?
One can get retroactive alimony back to the date the complaint
or petition seeking alimony was filed.
- How long does alimony last?
There is no statutory limit. The court can order alimony for a
fixed length of time, or for an indefinite period. Even when the
court orders alimony for a fixed length of time, the order can be
modified to extend alimony for additional time, or for an indefinite
period.
- Why would the court order indefinite alimony?
The court may award alimony for an indefinite period, if the court
finds that: (1) due to age, illness, infirmity, or disability, the
party seeking alimony cannot reasonably be expected to make substantial
progress toward becoming self-supporting; or (2) even after the
party seeking alimony will have made as much progress toward becoming
self-supporting as can reasonably be expected, the respective standards
of living of the parties will be unconscionably disparate.
- What does "unconscionably disparate" mean?
The Maryland Court of Appeals consistently has declined to adopt
a hard and fast rule regarding any disparity in income for purposes
of awarding indefinite alimony. Each case depends upon its own circumstances.
However, gross disparities in income levels frequently have been
found unconscionable, and have supported the award of indefinite
alimony.
Even economic self-sufficiency does not bar an award of indefinite
alimony if there nonetheless exists an unconscionable economic disparity
in the parties' standards of living after divorce. In short, the
determination of unconscionable disparity is made on a case-by-case
basis.
- Can an alimony award be modified?
Yes. The court can modify an alimony award upon a showing of a
substantial change in circumstances justifying a modification.
- Are there circumstances in which a court cannot modify alimony?
Yes. Under Maryland law, a court cannot modify alimony if an agreement
of the parties specifically states that the provisions with respect
to alimony or spousal support are not subject to any court modification.
- Is alimony taxed as income?
Yes, unless the parties agree that alimony will not be deductible,
alimony is taxable to the payee and deductible by the payor, provided
it meets the tax code's definition of alimony (see a lawyer or tax
advisor about the definition).