Despite your spouses conduct, will a Judge make you pay alimony?
This is a question that is asked several times from prospective new clients. It is a conundrum, particularly when the conduct of your spouse has led you to the point of divorce proceedings.
I will begin with the basics. The consideration of alimony is ultimately guided by factors which have been enumerated in the Maryland Family Law Article. You have probably seen them throughout your investigation of this issue. For reference, these factors are:
- The ability of the party seeking alimony to be wholly or partly self-supporting;
- The time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment;
- The standard of living that the parties established during their marriage;
- The duration of the marriage;
- The contributions, monetary and nonmonetary, of each party to the well-being of the family;
- The circumstances that contributed to the estrangement of the parties;
- The age of each party;
- The physical and mental condition of each party;
- 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;
- Any agreement between the parties;
- The financial needs and financial resources of each party, including:
- All income and assets, including property that does not produce income;
- Any award made under §§ 8-205 and 8-208 of this article;
- The nature and amount of the financial obligations of each party; and
- The right of each party to receive retirement benefits; and
- Whether the award would cause a spouse who is a resident of a related institution as defined in § 19-301 of the Health-General Article and from whom alimony is sought to become eligible for medical assistance earlier than would otherwise occur.
With this information in hand, the follow up question is naturally whether your circumstances, considered these factors, would result in you having to pay alimony to your spouse. The answer, quite simply is, it depends. Do you have issues of adultery? Physical abuse? Failure of a spouse to try to become employed and therefore expecting you to support them?
Crafting and arguing an alimony case is an art. Being a trial lawyer means accessing and interpreting the law and incorporating YOUR facts. This includes detailed investigation of your spouse to illicit potentially incriminating evidence to prevent or enhance an award of alimony.
Alimony Litigation Experience
I have litigated cases on both sides of the aisle seeking alimony and defending against alimony and now the “in’s and out’s” regarding the necessary presentation to virtually every Judge in every county throughout the State of Maryland. Alimony disputes require unique legal experience.
I hope you consider adding our team if you are facing an alimony dispute. For more information and a free consultation, call 443-709-9999.