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| Meiselman & Helfant, LLC 29 Wood Lane Rockville, Maryland 20850 301-279-8840 Fax 301-279-9630 E-mail: info@mdfamlaw.com |
NOTICE: None of these questions and answers constitute legal
advice. To obtain legal advice, consult with an attorney. This is
especially important in divorce and family law matters, in which
outcomes are often peculiar to the particular facts and
circumstances of the case.
Q. What is "alimony"?
A. 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.
Q. What is the difference between alimony and child support?
A. Alimony is paid to support a spouse or former spouse. Child
support is paid to support minor children.
Q. What is the relationship between alimony and a monetary
award?
A. 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.
Q. Is there a formula for determining alimony?
A. No.
Q. What factors does a court consider in making an alimony
award?
A. 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.
Q. When does alimony start?
A. The court may order retroactive alimony back to the date the
complaint or petition seeking alimony was filed.
Q. How long does alimony last?
A. There is no statutory limit, except death or remarriage of the
payee. 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.
Q. Why would the court order indefinite alimony?
A. 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.
Q. What does "unconscionably disparate" mean?
A. 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.
Q. Can an alimony award be modified?
A. Yes. The court can modify an alimony award upon a showing of a
substantial change in circumstances justifying a modification.
Q. Are there circumstances in which a court cannot modify
alimony?
A. 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.
Q. Is alimony taxed as income?
A. Yes, 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) and the parties have not agreed
to make it nondeductible.
Q. Can alimony continue after remarriage?
A. Court-ordered alimony terminates upon remarriage of the
recipient spouse. Recently, Maryland's highest court decided that a
separation agreement must contain express and clear language
indicating intent that alimony will continue after remarriage of the
recipient spouse. Otherwise, remarriage terminates the alimony
obligation.
advice. To obtain legal advice, consult with an attorney. This is
especially important in divorce and family law matters, in which
outcomes are often peculiar to the particular facts and
circumstances of the case.
Q. What is "alimony"?
A. 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.
Q. What is the difference between alimony and child support?
A. Alimony is paid to support a spouse or former spouse. Child
support is paid to support minor children.
Q. What is the relationship between alimony and a monetary
award?
A. 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.
Q. Is there a formula for determining alimony?
A. No.
Q. What factors does a court consider in making an alimony
award?
A. 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.
Q. When does alimony start?
A. The court may order retroactive alimony back to the date the
complaint or petition seeking alimony was filed.
Q. How long does alimony last?
A. There is no statutory limit, except death or remarriage of the
payee. 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.
Q. Why would the court order indefinite alimony?
A. 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.
Q. What does "unconscionably disparate" mean?
A. 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.
Q. Can an alimony award be modified?
A. Yes. The court can modify an alimony award upon a showing of a
substantial change in circumstances justifying a modification.
Q. Are there circumstances in which a court cannot modify
alimony?
A. 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.
Q. Is alimony taxed as income?
A. Yes, 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) and the parties have not agreed
to make it nondeductible.
Q. Can alimony continue after remarriage?
A. Court-ordered alimony terminates upon remarriage of the
recipient spouse. Recently, Maryland's highest court decided that a
separation agreement must contain express and clear language
indicating intent that alimony will continue after remarriage of the
recipient spouse. Otherwise, remarriage terminates the alimony
obligation.
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| FREQUENTLY ASKED QUESTIONS Alimony |
| Contact Meiselman & Helfant, LLC Today Call 301-279-8840 |
| Meiselman & Helfant, LLC |
29 Wood Lane, Rockville, Maryland 20850
| Call 301-279-8840 |
| Serving Bethesda, Chevy Chase, Gaithersburg, Germantown, Kensington, Potomac, Rockville, Silver Spring, Wheaton, Montgomery County, Prince George's County, Frederick County, and Howard County. |
