Spousal support, commonly called alimony, refers to payments one former spouse may make to the other following a divorce. Depending on the circumstances, a Court may order support for a specific period, award indefinite alimony, or determine that no support is appropriate. The purpose is generally to address financial disparities between spouses and help a lower-earning spouse meet reasonable financial needs.
When the spouses have substantially different incomes or resources, alimony can become a significant point of disagreement during divorce proceedings. The benefits of a Frederick spousal support attorney are many, particularly when the terms of support are disputed. At Rolle & DeLorenzo, our team can explain how state law may affect your situation and help you evaluate your options. Speaking with an experienced spousal support attorney can help you understand the legal process, whether you are seeking an initial alimony award, responding to a request for support, or pursuing a modification.
Spousal support consists of payments that one spouse provides to the other under an agreement or Court order. Depending on the circumstances, a party may make periodic payments or can structure them in another manner authorized by state law, per Maryland Code, Family Law § 11-101.
When the Court orders alimony, noncompliance can result in enforcement proceedings and other available remedies. The state does not automatically entitle either spouse to alimony. The parties may negotiate a support agreement, and a Court may approve or enforce it if it satisfies the applicable legal requirements.
In other cases, the Court must determine whether an award is appropriate based on both spouses’ financial and personal circumstances. For example, a spouse with sufficient income and resources to meet their reasonable needs may not require support.
Conversely, a substantial difference in earning ability may warrant an alimony award, particularly when one spouse made sacrifices that contributed to the other spouse’s education or career. Our spousal support lawyers in Frederick can help evaluate these circumstances and work toward an arrangement that addresses the financial issues created by the end of your marriage.
When spouses cannot resolve alimony through negotiation, the Court may need to decide the issue. Under Md. Code, Fam. Law § 11-106, the Court considers a variety of circumstances when determining the amount and duration of an alimony award, including:
The Court may also consider whether an award would leave either spouse without adequate resources or whether circumstances justify an award for a particular duration. Having an alimony attorney in a contested Frederick maintenance matter is an advantage; we can gather financial records and other evidence to show how the statutory factors apply to your circumstances.
State law recognizes several forms of alimony, including temporary, rehabilitative, and indefinite support. Depending on the type of alimony awarded and the agreement’s language, a change in circumstances may affect spousal support.
Examples may include:
The state also provides specific rules concerning termination of alimony upon the death or remarriage of a recipient spouse, subject to statutory exceptions, as codified in Md. Code, Fam. Law § 11-108.
Whether you can modify or terminate support depends on the circumstances and the terms governing the award, so getting legal advice before requesting a change can be important. Another benefit an experienced Frederick maintenance lawyer can provide is reviewing the existing order or agreement and determining what options may be available.
The benefits of a Frederick spousal support attorney are worth knowing in a difficult time. Whether you are seeking support or responding to an alimony request, our dedicated attorneys can help you prepare for the issues involved. Contact our team at Rolle & DeLorenzo today to discuss your situation.
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