This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Types Of Alimony In Maryland
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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 length of alimony depends on the individual case. The court may order “permanent alimony” if the marriage lasted for more than 10 years. If the marriage lasted less than 10 years, the court may order alimony for a set period of time.
When alimony is awarded, the law prefers for fixed term rather than indefinite term. However, the Court has the power to award indefinite alimony in exceptional cases.
Spouses are usually awarded indefinite alimony if, because of their age, an illness, or disability, they cannot (1) make reasonable progress toward supporting themselves, or (2) even if they can make reasonable progress, there is a significant difference between their and their ex's standard of living.
There is no fixed formula for calculating alimony in Maryland. Instead, the court examines the relevant factors mentioned above to determine an appropriate alimony award.
Factors the court will consider in alimony decisions - the court shall consider all the factors for a fair and equitable award, including but not limited to: Financial needs and resources of each party: The court considers both spouses' financial situation, income, and assets.
Bank statements or copies of checks deposited for the most recent 12 months or applicable period showing receipt of payments. Both must indicate the originating entity.
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.
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.