There is no specific requirement for the length of the marriage in order to qualify for alimony in the state of Maryland, but those who have been married for just six months would not expect to receive the same amount as those who have been married for seven years.
How can alimony be awarded? Alimony can be awarded by the court to either party based upon a Complaint for Alimony or as part of an action for Annulment or Divorce. Depending on the facts of a case, alimony may be awarded to one spouse while the litigation is pending, as well as at the time of the final divorce.
California Alimony California determines alimony based on the recipient's “marital standard of living,” which aims to allow the spouse to continue living in a similar manner as during the marriage.
Factors Considered by the Court The court will consider the ability of the spouse seeking alimony to be self-supporting, and the time they may need to become self-supporting. The court will consider the age and health of each spouse, the length of the marriage, and the reasons the marriage ended.
Child support is never deductible and isn't considered income. Additionally, if a divorce or separation instrument provides for alimony and child support, and the payer spouse pays less than the total required, the payments apply to child support first. Only the remaining amount is considered alimony.
Factors Considered by the Court The court will consider the ability of the spouse seeking alimony to be self-supporting, and the time they may need to become self-supporting. The court will consider the age and health of each spouse, the length of the marriage, and the reasons the marriage ended.
The receipt of your share of the joint property, however, may disqualify you from receiving anything. For instance, if you and your spouse receive an equal share of the real property funds, the court is unlikely to grant you alimony.
Factors Considered by the Court The court will consider the ability of the spouse seeking alimony to be self-supporting, and the time they may need to become self-supporting. The court will consider the age and health of each spouse, the length of the marriage, and the reasons the marriage ended.
Prenuptial Agreements A prenuptial or post-nuptial agreement can protect your assets in court by laying out what funds you are willing or unwilling to share. These agreements can help protect a person from significant alimony payments that may cut into their financial status.