Alimony is the periodic payment from a former spouse to the other. Most of the time, payment is given with the agreement that the recipient will make efforts to become self-supporting. Alimony is typically awarded for a fixed amount of time, where payments will cease once the recipient is able to support themselves financially. With the help of Albers & Associates, you can get the legal guidance you need to handle alimony when you are getting a divorce.
Alimony Pendente Lite
If you file for divorce and make an initial request for alimony, you may be awarded payments in the time between filing and finalization of the divorce. This temporary form of alimony is referred to as Pendente Lite, meaning it is alimony pending litigation. Receiving temporary alimony during divorce proceedings does not guarantee you will receive alimony after the divorce is final.
The type of alimony most likely to be awarded is rehabilitative alimony, which is where a time-limited goal is set (i.e. gaining employment or finishing a degree program) and once the goal has been achieved, payments will cease. Rehabilitative alimony periods average around 3-10 years but may be awarded for less or more time depending on your individual circumstances.
Although rare, awarding of indefinite alimony is a possibility in Towson, MD divorce cases. There is no specific end time for payments, and there are very specific criteria that must be met in order for indefinite alimony to be awarded. This criterion includes situations where, due to illness, disability, or age:
- You cannot make reasonable progress towards self-support. – OR –
- You can make reasonable progress but your ex-spouse’s standard of living is excessively disparate from yours.
Considerations for Alimony
The Towson, MD courts consider a wide range of factors when determining the specifics of alimony. These considerations include, but are not limited to:
- Length of marriage
- Ages of both parties
- Difference in incomes
- Education or training necessary in order for either party to find suitable employment
- Ability of parties to support themselves after paying alimony
- Standard of living post-divorce
- Physical or mental impairments
- Qualification for a pension
- Grounds for divorce (desertion, adultery, other misconduct)
- Each party’s financial obligations
- Family property
Alimony can only be awarded during the divorce process. If the legal dissolution of the marriage has already occurred, there is a very small chance that you can go back and begin an alimony claim. This is why it’s important to work with a professional alimony and divorce lawyer in Towson, MD.
Need Legal Advice on Alimony in Towson?
Albers & Associates will ensure the process of your divorce goes as smoothly as possible and provide you with the legal guidance you need to make or fight an alimony claim. Reach out to us today to get your free legal consultation.