This article features an experienced family lawyer, Thomas Stahl, who takes a close look at alimony. He also discusses the factors that are often involved in disputes involving alimony and how to avoid them.
The following information is based on Maryland Law.
In the past, alimony (also known as spousal maintenance) was intended to compensate women who had given up their careers to raise their children during marriage. After changes in the law in 1970s and 1980s, alimony was awarded to both spouses regardless of gender. Its purpose became to help the economically dependent spouse become self-sufficient in a divorce. The aim was not to equalise incomes between the two parties.
If the court determines the terms of the divorce, alimony will be awarded separately from child support. When parties reach an agreement to resolve their divorce and enter into a marriage settlement agreement, the parties have greater flexibility in determining the financial support for each spouse.
The court may order alimony pendente-lite, or interim alimony, to be paid by either spouse. This award is only valid until the court renders a final divorce judgment. The court will only need to consider whether the recipient needs alimony, and the payer’s ability to pay it.
The court may award either indefinite or rehabilitative alimony at the divorce trial. The calculation of child support is based on a mathematical formula. Alimony is calculated by the judge based on a number of factors, including the length of marriage, age, education, standard of living, financial resources, and other factors.
In the past, alimony (also known as spousal maintenance) was intended to compensate women who had given up their careers to raise their children during their marriage.
Remember that a court will consider if the person who is being asked to pay for alimony is able to afford it. A court may not award alimony to a party who is entitled to it, but the other party can’t afford to pay.
A rehabilitative alimony award is usually a fixed dollar amount over a specified period of time. This award is meant to help the recipient become self-sufficient, for example by returning to school to get a certification or further education. It can also be used to cover the time needed to advance at a job. If, after reviewing the statutory factors and determining that the parties’ standard of living will remain unequal or unconsciously different, a court can award indefinite alimony. Indefinite alimony is usually awarded based on the recipient’s age, health and/or education, or their lack of work experience.
Alimony is treated as income for child support purposes. It is added to the income of the receiving spouse and subtracted from the income of the paying spouse. This can have an impact on the calculation. The impact is not the same on income tax obligations. Before the 2017 changes to federal tax laws, alimony provided federal tax benefits to the spouse who paid alimony. Divorces after January 1, 2019 no longer qualify for this benefit.
Alimony’s future termination and modification are two of the most important issues. The amount and duration of alimony awarded by a court can be modified. The parties should include language in their marital settlement agreements that allows the court to modify or not modify the alimony award as they wish. Inadequate language that makes the terms of an agreement non-modifiable may have unintended results. Alimony payments usually end upon a remarriage or death of either spouse.
The statute that governs the termination of alimony does not contain a provision terminating the alimony award upon the recipient spouse living with another person. Many settlement agreements include language that alimony obligations will terminate if the recipient spouse cohabits with another person. It is crucial that the language used in such situations is specific about what the term “cohabitation” means. For example, whether the recipient spouse is living with a non-related person or if the unrelated person is paying for the recipient’s expenses or if they are a romantic couple.
Although they are less common, the courts will enforce an agreement that is properly drafted. A prenuptial contract cannot deal with child custody or child maintenance, but it can cover alimony and the waiver by the parties of their right to seek alimony during a divorce. Prenuptial agreements are similar to marital settlement agreements in that they must include specific terms regarding whether alimony can be modified or not by a court later on, and how to terminate alimony.
Thomas B. Stahl is the Lead Attorney
The Law Offices Of Thomas Stahl
8850 Columbia 100, Parkway, Room 402, Columbia, MD, 21045, USA
Tel: +1 410-696-4326
Thomas Stahl leads the Law Offices Thomas Stahl. His practice is focused on offering reliable and effective advice to Maryland and DC families and individuals who are contemplating divorce. Thomas’s dedication and commitment to clients have been recognized by Maryland Super Lawyers and the American Institute of Family Law Attorneys. He has also received recognition from Best Lawyers and Lawyers of Distinction.
The law offices of Thomas Stahl have family law and estate-planning practices in Maryland and Washington DC. The firm’s experienced attorneys provide full service representation in matters relating to divorce, child custodial, guardianship, wills, and estate planning.