Howard and Montgomery County Maryland Alimony Lawyers

Essential alimony knowledge

Alimony is one of topics about which we encounter the most questions, and for good reason. Despite its near unavoidable presence in both reality and dramatic media portrayals, alimony is widely misunderstood. As such, we have selected the most common questions we receive that we consider to be essential knowledge during the divorce process for every client:

What are the three types of alimony?

In the short term, temporary alimony, also known as pendente lite alimony, is determined based on the needs of the spouse seeking alimony and the ability of the other to pay. Alimony terms after a divorce can be either indefinite, for spouses who are not anticipated to be able to support themselves at the same level as they experienced during the marriage, or rehabilitative, wherein the lesser-earning spouse can reenter the workforce, reeducate themselves or develop a marketable skill.

How is the amount of alimony determined?

When assessing term or rehabilitative alimony, there are a myriad of factors for a judge or mediator to gauge, including:

• The ability of the party seeking alimony to be self-supporting
• Time necessary for the party seeking alimony to obtain sufficient education or training to find suitable employment
• Standard of living during the marriage
• Duration of the marriage
• The parties’ contributions, both monetary and non-monetary, to the marriage and the well-being of the family
• Circumstances contributing to the parties’ divorce
• Age of the parties
• Physical and mental condition of the parties
• The ability of party from whom alimony is sought to pay while maintaining their own needs
• Any agreement between the parties, such as a pre- or post-nuptial agreement
• Financial needs and resources of the parties
• Whether the award would cause the spouse required to pay alimony to become eligible for medical assistance earlier than would otherwise occur

How long can alimony last?

This depends on the type of alimony being paid, but in general alimony payments cease if either person dies or if the recipient remarries, or if continuing to make payments would lead to serious consequences for the payer.

What happens if a spouse fails to meet an alimony obligation?

Based on the reason behind the non-payment of the alimony, the court has an array of options, ranging from adjusting the alimony agreement if the terms have become onerous, compulsory sale of property, or garnishment of wages or personal property to as far as charging the spouse in question with contempt of court, which can lead to a prison term.

Can the court force my spouse to purchase life insurance as a “backup” to an alimony agreement?

No. Life insurance must be purchased voluntarily; the court cannot mandate or otherwise force a spouse to apply for such coverage.

Is the alimony payment I receive considered taxable income?

Yes. Alimony is subject to both state and federal taxation. Likewise, the spouse paying the alimony is credited for a tax deduction.