Matrimonial Law Lawyer Rockville MD
If you are going through a divorce in Maryland, you or your spouse may qualify for temporary spousal support. Spousal support – also referred to as alimony or spousal maintenance – is often awarded to a spouse if they do not have the same financial resources that the other spouse does and has relied on the other spouse’s income during the marriage. A matrimonial law lawyer Rockville MD clients recommend can evaluate your situation and determine if spousal support applies in your situation.
Although spousal support theoretically only applies to support payments while the divorce is pending, in practice, many family court judges carry over the amount to the final decree, or at least use the temporary support as a blueprint. As such, it is critically important to have aggressive representation as early as possible, because the decisions that a judge makes in the beginning stages of a divorce case are sometimes difficult to reverse.
Unlike child support, for which the courts use a specific formula to determine what the monthly payment should be, there is no calculation formula for spousal support in Maryland. This means that a divorce judge has much discretion when determining if and how much a spouse should be awarded in monthly support payments. In some cases, your family law lawyer Rockville MD residents trust may be able to negotiate an agreeable amount with your spouse’s attorney. As long as that amount is fair to both sides, the judge will usually approve it. If both sides cannot agree, then the court will decide.
In most cases, the court will award the support as monthly payments, partly because there is no way to tell how long the divorce process will last. The judge also normally issues an order that neither party can remove the other from a health insurance plan. Take note that, once the divorce is final, most health insurance companies will not cover an ex-spouse, so these persons must seek alternate arrangements.
In order to determine if spousal support should be awarded and how much that support should be, the judge applies a number of factors to determine the amount, including:
- Relative ages and health of the parties
- The receiving spouse’s current ability and future ability to support themselves
- The length of time it would take the receiving spouse to gain the education or find employment to become self-supporting
- Standard of living during the marriage
- Financial circumstances of each party
- Provisions for minor children
- Any noneconomic contributions during the marriage
- Waste of marital assets
- Any other factor the court deems relevant
Are You Going Through a Divorce?
If you are going through a divorce, there are many issues that will need to be addressed. While temporary spousal support is an important component of an overall divorce settlement, you also want to make sure you are protected when it comes to division of property and assets, child support, child custody, and more. For a free and confidential consultation with an experienced Rockville MD matrimonial law lawyer, call the Law Office of Daniel Wright today.