Bethesda Alimony Lawyers
Alimony is often one of the most challenging parts of a Bethesda divorce. Whether you seek alimony from your spouse or vice versa, our Bethesda alimony lawyers will fight for your rights and ensure that the alimony agreement is fair to you.
In addition to our family law expertise, our firm has a strong financial background that gives us unique insights into Maryland’s alimony laws. Our skilled alimony attorney will analyze your financial situation and talk to you about relevant alimony factors, including length of marriage, age, mental and physical health, financial prospects, education, and more. Contact our Bethesda alimony lawyers at Shah & Kishore today at (301) 315-0001 to schedule a time to discuss your alimony questions.
How To Petition For Alimony In Maryland
To petition for alimony, you must file a complaint for divorce first. Alimony is usually requested during the divorce process and is decided during the divorce proceedings. The steps for filing for alimony in Maryland are:
- File a divorce complaint: First, you need to petition the court to file for divorce with the assistance of our Bethesda family law attorney.
- Serve the divorce complaint: After it is filed, the complaint must be served to your spouse by process server, sheriff, or certified mail. The complaint includes a request for alimony.
- Attend hearing: The alimony issue will be considered during the final divorce hearing. If a request for pendente lite alimony is requested, that is heard at the pendente lite hearing.
- Await the court’s decision: After the final divorce hearing, the court will consider the evidence and decide alimony and other divorce-related matters.
Types Of Alimony In Maryland
State law authorizes three types of alimony in Maryland. They are:
Alimony Pendente Lite
The family court can award this temporary alimony between when the divorce is filed and when it is finalized. Alimony pendente lite intends to maintain the standard of living as the divorce proceeds, but it does not always mean you will get alimony when the divorce is finalized.
This is the most common type of alimony in Maryland divorces. Rehabilitative alimony is associated with a time-limited goal, such as one of the spouses going back to school so they can get a good-paying job. The term of rehabilitative alimony can vary considerably but depends on how long the marriage was and the length of time it will take to get the spouse needing alimony to become self-supporting.
Indefinite alimony is only ordered if – because of age, disability, or illness – you cannot progress toward supporting yourself. Or, even if you can make progress toward supporting yourself, your ex-partner’s standard of living is ‘unconscionably disparate’ from yours. This means there is an unfair and significant disparity between your standards of living.
Factors The Maryland Court Considers For Setting Up Alimony
The court will consider many factors when determining if you or your spouse will receive alimony. These include:
- How long the marriage lasted
- The age of each spouse
- The physical and mental condition of each spouse
- Any agreement that has been made between the parties
- All assets and income, including property that does not generate income
- Standard of living that existed during the marriage
- Financial resources and needs of each party
- The monetary and nonmonetary contributions each person made to the family
- The ability of the payor to meet their own needs while paying alimony to the other party
- The amount and nature of the financial obligations of each spouse
It also can change or terminate the alimony order depending on case circumstances. Also, Maryland law states that alimony can be changed if the spouse receiving it gets married. The court also is authorized to stop alimony if the paying spouse experiences a change in circumstances.
Remember that the amount and duration of spousal support in Maryland varies from case to case and is at the judge’s discretion. There is no set formula or guidelines for determining alimony payments. So, seeking qualified legal counsel in Bethesda is always critical if you face alimony concerns.
How Long Do You Need To Be Married To Receive Alimony?
The judge will consider how long the marriage lasted when deciding if alimony should be awarded and how much the payment will be. But there is no timeframe for how long you have to have been married to be eligible for alimony in Maryland. Alimony might be awarded by the judge if the marriage was short or long. However, the longer the marriage, the more likely the judge will award alimony for a lengthier period.
Tax Consequences Of Alimony In Maryland
When dealing with alimony, it is essential to consider the tax consequences. There were significant changes to how alimony is taxed on Jan. 1, 2019, when the Tax Cuts and Jobs Act of 2017 was passed.
For alimony agreements before Jan. 1, 2019, alimony was usually taxable for the recipient and deductible from the payer’s income. For alimony agreements after Jan. 1, 2019, alimony is not deductible for the payer and is not considered income for the spouse receiving it.
When Does Maryland Alimony End?
Rehabilitative alimony ends when it is stated in the Court order, or by agreement of the parties in the separation agreement. Pendente lite alimony ends when the final divorce is granted.
Permanent alimony ends due to the remarriage of the recipient spouse or the death of the parties. Alimony can be modified only if the agreement or court order allows the alimony to be modifiable. It is automatically modifiable unless the agreement or court order states that the alimony is non-modifiable.
Contact Our Bethesda Alimony Lawyers
Are you dealing with the stress of an unresolved alimony dispute in your divorce? You need qualified legal representation and Shah & Kishore can be your advocate in negotiations and in court.
Our attorneys’ ultimate goal is to find the best alimony solution quickly for our clients, especially when emotions are running high. Finding an effective and fair alimony solution quickly keeps legal fees from spiraling out of control, and our legal team will keep you apprised of developments in your case as they unfold.
Our divorce and family law firm is based in Rockville, but we serve clients in Bethesda, Potomac, Silver Spring, Gaithersburg, and all communities of Montgomery County. Please contact our Bethesda alimony lawyers today to schedule a complimentary consultation, or call (301) 315-0001.