Is Alimony Or Spousal Support Always Awarded In A Divorce Case?
The short answer is no.
How Many Years Do You Have To Be Married In Order For Spousal Support To Be Applicable?
There is no bright-line rule. Factors include the length of the marriage and other circumstances, such as the disparity of incomes between the parties. Of course, the longer the marriage, the greater the chance that spousal support will be granted. While there is no bright-line length of time, the Court normally looks for the five to seven-year mark, but that will vary. Ultimately, there is no specific length of time which you must be married to receive alimony.
When Does Alimony Or Spousal Support Generally Begin? Can It begin During Separation?
Yes, especially in counties where there is a lot of litigation because it may take six to nine months (or longer) before you get a final hearing date. As a result, a spouse can be awarded emergency family maintenance or temporary alimony and/or temporary child support until the final hearing.
Does The Commission Of Adultery Or Infidelity Impact Alimony Or Spousal Support?
Maryland Family Law Code 11- 106 outlines the factors the Court will consider in determining if alimony will be granted. One factor is the circumstances that led to the estrangement of the parties. While adultery is considered a relevant factor, it is not necessarily the predominant or biggest factor. The biggest factor, in most cases, is whether the spouse seeking alimony is self-supportive. If he or she is self-supportive, the next factor is whether there is a huge disparity in incomes. If both factors are not present, regardless of the reason for separation, it seems unlikely that the judge will award any type of alimony if the spouse can provide for him or herself.
What Are My Rights If My Ex-Spouse Doesn’t Fulfill His Legal Obligation To Pay Spousal Support?
One option is for the attorney to file a motion for contempt. Sometimes it will be necessary to seek a judgment collection tool to get paid which will require the judge to enter a judgment. Basically, the parties will have to go back to Court to seek enforcement of the order.
Additional Information On Alimony And Spousal Support
In Maryland, alimony awards may not be as popular as in other parts of the country; because (in general) both spouses are self-supportive. Even if there is a disparity in income(s) with one party making (for example) $90,000 and the other party making $120,000, the Court may still decline an alimony request because the spouse making $90,000 a year is self-supportive, even though the other spouse makes more money. So, it has become increasingly rare to find cases where both parties are not self-supportive to some extent.
For more information on Alimony Or Spousal Support In Maryland, a free initial consultation is the next best step. Get the information and legal answers you are seeking by calling (800) 400-2350 today.