zorba139-ga,
Here is what I found on alimony in Maryland, but please bear in mind
the caveat at the bottom of this page -- Google Answers is no
susbstitute for professional legal advice.
Maryland law seems to strongly favor rehabilitative alimony -- a
temporary payment of support to assist the economically dependent
ex-spouse to become economically independent. Courts may still award
permanent alimony if they find that the lifestyles of the exes will be
"unconscionably disparate", and that the lower-earning ex hasn't the
wherewithal to increase his or her earnings.
Two recent cases that address alimony for an economically-dependent
spouse, and a reasonably successful wage-earner (both cases involve
income of about $100,000-$200,000 per year) are:
http://caselaw.lp.findlaw.com/data2/marylandstatecases/cosa/2004/1422s03.pdf
FRANCZ v. FRANCZ
2003
This case awarded rehabilitative alimony of $1,400 per month for 23
months. It initally also allowed for $1,000 per month in indefinite
alimony, but this was ultimately vacated on appeal (the ultimate
status of the indefinite alimony is not yet part of the court record,
and may have been settled out of court, or is still pending).
===============
http://caselaw.lp.findlaw.com/data2/marylandstatecases/cosa/2005/280s04.pdf
Simonds v. Simonds
2004
Rehabilitative alimony in this case was awarded at $5,500 per month
for the first 24 months, followed by $4,500 per month for another 12
months to "...allow the [Appellant] to find suitable employment and
become self-sufficient..."
The case further notes the following:
...[I]t is well settled in Maryland that the ?statutory scheme
generally favors fixed-term or so-called rehabilitative alimony,?
rather than indefinite alimony....
...Underlying Maryland?s statutory preference is the conviction that
?the purpose of alimony is not to provide a lifetime pension, but
where practicable to ease the transition for the parties from the
joint married state to their new status as single people living apart
and independently...
...The essential purpose of alimony was changed with the adoption of
the Maryland Alimony Act in 1980 (?Act?). Where the principal function
of alimony once had been maintenance of the recipient, dependent
spouse?s standard of living, upon passage of the Act, that function
became rehabilitation of the economically dependant spouse.
...the court may award indefinite alimony upon a finding that even
after the party seeking alimony will have made as much progress toward
becoming selfsupporting as can reasonably be expected, the respective
standards of living of the parties will be unconscionably disparate.
===============
I trust this information will help inform the situation in the current case.
If there's anything more I can do for you on this, please let me know
by posting a Request for Clarification.
pafalafa-ga
search strategy -- Searched Google and several legal databases for [
maryland alimony ] |
