Potomac Alimony Lawyers
Alimony can be one of the most contentious aspects of a divorce in Potomac, Maryland. Whether you want alimony from your spouse or vice versa, our Potomac alimony lawyers at Shah & Kishore will advocate for you and ensure that the spousal support award is fair.
Our law firm’s strong financial background provides us with a unique perspective on Maryland’s alimony laws. Our experienced Potomac alimony attorneys will talk to you about the factors affecting alimony payments, such as length of marriage, age, health, financial prospects, education, and more. Contact our Potomac alimony lawyers today at (301) 315-0001 to set up a time to discuss your alimony concerns.
How Do You Petition For Alimony In Maryland?
Petitioning for alimony in Maryland requires several steps, and your Potomac alimony lawyer can help you. These steps are:
- File a divorce complaint: First, you need to file a complaint for divorce with the appropriate court with the help of your Potomac alimony lawyer.
- Serve the divorce complaint: After the divorce complaint is filed, it must be served to the other party. The divorce complaint will include the request for alimony.
- Attend hearing: The family court will schedule a divorce hearing, and the alimony question will be decided during the hearing. If you made a request for pendente lite alimony, it will be considered at the pendente lite 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 hearing, the court will consider the evidence and decide on alimony and other divorce matters.
Types Of Alimony Available In Maryland
In Maryland, the family court judge can authorize three kinds of alimony. They are:
Alimony Pendente Lite
This is temporary alimony that can be awarded between when divorce is filed and when it is made final. The purpose of alimony pendente lite is to maintain the status quo while the divorce progresses. Receiving temporary alimony does not necessarily mean you will receive alimony when the divorce is final.
Rehabilitative Alimony
Rehabilitative alimony is the most common type and may be awarded while you go back to school to finish a degree or receive other training to obtain a job. The term of this alimony varies widely, and it depends on how long the marriage lasted, as well as how long it will take the spouse asking for alimony to be self-supporting.
Indefinite Alimony
Indefinite alimony is only ordered if you cannot make progress toward supporting yourself because of age, illness, or disability. Or, even if you can progress toward supporting yourself, your spouse’s standard of living is far above yours.
Maryland Court Considerations To Approve Alimony
The Maryland court will review many factors to decide if one of the parties should receive alimony. These are:
- The duration of the marriage
- The age of each spouse
- Each spouse’s mental and physical condition
- Any agreement made between the spouses
- Al income and assets owned by the parties, including that which does not produce income
- The standard of living during the union
- The financial needs and resources of each party
- The nonmonetary and monetary contributions each spouse made during the marriage.
- The ability of the person paying alimony to meet their needs while paying support to the other party
- The nature and amount of financial obligations of each spouse
It also may alter or end the alimony order if the case circumstances change. Further, the law states that spousal support can be changed if the recipient remarries. The court also can stop payments if the party paying alimony has a change in circumstances.
The amount and duration of spousal support depends on the case, and it is at the judge’s discretion. There is no formula to determine what alimony payments should be. So, you should always speak to our Potomac alimony attorney to understand what to expect in the court decision.
How Long Does A Maryland Marriage Need To Be To Receive Alimony?
The duration of the marriage is a consideration when the judge decides if alimony should be awarded and what the payment will be. But there is no exact time for how long the marriage needs to be to receive alimony in Maryland. Alimony may be awarded by the court regardless of the marriage’s length. That said, the longer the marriage’s duration, the more likely alimony will be awarded for a longer time.
Alimony And Taxes
Another consideration with alimony in Maryland is the tax consequences. There were changes in tax laws with the passage of the Tax Cuts and Jobs Act of 2017 on Jan. 1, 2019.
For alimony payments before Jan. 1, 2019, alimony was usually taxed for the recipient and deductible from the paying spouse’s income. For alimony payments after Jan. 1, 2019, alimony can no longer be deducted from the payer’s income. It also is not considered income for the recipient spouse.
If you have general tax questions about alimony, our Potomac alimony lawyers also have a solid financial background and can provide advice in this regard. However, for detailed tax explanations, please contact your CPA.
Is There An End To Alimony In Maryland?
Rehabilitative alimony will end when the court order states that it ends, or if the parties agree to the separation agreement. Pendente lite alimony terminates when the divorce is granted. Permanent alimony terminates if the recipient spouse remarries, or one or both parties die. Alimony may only be modified if the court order or agreement states that it can be modified. Also, alimony is automatically modifiable unless the court order or agreement states it is not modifiable.
Contact Our Potomac Alimony Lawyers
If you are grappling with divorce and alimony questions, you should find qualified legal representation immediately. Our Potomac alimony lawyers at Shah & Kishore understand the stress and uncertainty when alimony is at stake. We will work with you closely to provide the legal guidance and personal support you need.
Our divorce and alimony law firm is based in Rockville, but we serve clients in Gaithersburg, Potomac, Silver Spring, Germantown, and other communities in Montgomery County. Contact our Potomac alimony lawyers today to set up a complimentary consultation, or call (301) 315-0001.