In Maryland, alimony is an option for certain divorcing couples. However, the state has strict stipulations for how it is provided. Initially, any party that requests alimony must be married to the defendant for at least ten years. This includes all civilian and military couples. A Spousal Support Law Attorney in New Market provides real answers for couples about alimony requirements.
Assessing the Earning Capacity of the Spouse
The purpose of alimony is to assist a spouse in maintaining the same standard of living achieved during the marriage. For this reason, the court begins with an assessment of their earning capacity. If the spouse cannot maintain the same lifestyle based on their current earning capacity, they could acquire spousal support.
Educational Programs in Lieu of Alimony
As an alternative to alimony, the opposing spouse could pay for an educational program in lieu of alimony. This alternative allows them to assist their former spouse by providing them with the tools to achieve a higher earning capacity. In some cases, the defendant pays alimony until their former spouse completes the educational program.
Temporary or Permanent Spousal Support
Alimony is provided as a temporary or permanent solution. If it is temporary, it is paid for the duration identified by the court only. If it is assigned as a permanent requirement, the spouse pays spousal support until the beneficiary dies. Temporary alimony is paid until the former spouse remarries in most cases.
Prenuptial Agreements and Alimony
All prenuptial agreements are upheld in the state of Maryland. Any arrangements that were made in regards to alimony are enforced. This could allow a spouse to receive alimony even if they weren’t married ten years. The value designated in the prenuptial agreement is upheld by the court.
In Maryland, alimony is awarded to a spouse when they cannot achieve the same lifestyle after the divorce. Typically, the opposing spouse could provide an alternative option such as an educational program or additional marital assets to balance the loss of additional income. Spouses that need to review their options contact a Spousal Support Law Attorney in New Market through Russell & Heffner LLC today.
