Annapolis Spousal Support Lawyer

Rehabilitative alimony is alimony that is ordered for a fixed period of time in order to help one party obtain education or training that will enable that party to become self-supporting. It is common in situations in which one party was a stay-at-home parent or otherwise lost the ability to be self-supporting. Rehabilitative alimony is most common when parties are relatively young and healthy and still in a position to return to school or search for employment. Rehabilitative alimony is more common than indefinite alimony.

Indefinite alimony, on the other hand, is alimony that is ordered for an indefinite period of time. It is ordered without regard to whether the party needs it to become self-supporting. It is ordered to equalize the parties’ post-divorce standards of living when the court finds that, even if both parties are self-supporting, their respective standards of living would be unfairly unequal. Indefinite alimony is not intended to make the parties’ incomes exactly equal but only to bring them closer. Indefinite alimony is less common than rehabilitative alimony.

Often a party has an immediate need for alimony and cannot wait until the end of a year-long divorce case in order to start receiving it. In these situations, the party can ask the court to order pendente lite, or temporary, alimony. “Pendente lite” is a Latin term that means “pending litigation”. Pendente lite alimony covers only the period of time in which the divorce case is pending. If a party makes such a request, the court will schedule a short pendente lite alimony hearing. To prove that a party is entitled to pendente lite alimony, the court does not require that such party show all of the same evidence that must be shown for rehabilitative or indefinite alimony, which is described below. Instead, that party must show only that such party needs it and that the other party can pay it.

Circumstances exist in which alimony can be modified or even terminated. Alimony typically ends if the recipient re-marries. In addition, alimony is often modifiable as a result of changed circumstances. Alimony often may end or be modified if a substantial change in circumstances occurs such that justice requires that it be modified or terminated. However, in these cases, modification or termination is not automatic. In order to modify or terminate alimony, one party must ask the court to do so. Such request will result in a further court proceeding. If the parties are unable to agree on the modification or termination, the court will hold a trial in order to decide the outcome.

Calculation of Alimony

No formula exists that the court must use to calculate either the amount or the length of time that one party must pay alimony. Instead, the court is free to determine the alimony amount and duration based on what it believes is fair. Predicting how the court will decide alimony is difficult because some judges award alimony reluctantly and others more freely.

When making its decision regarding alimony, the court must consider a long list of factors. Such factors include:

• The ability of the party seeking alimony to be self-supporting.
• The time necessary for the party seeking alimony to gain education or training to enable that party to find suitable employment.
• The standard of living that the parties established during their marriage.
• The duration of the marriage.
• The contributions of each of the party to the well-being of the family.
• The circumstances that contributed to the estrangement of the parties.
• The age of each party.
• The physical and mental condition of each party.
• The ability of the party from whom alimony is sought to pay alimony.
• Any agreement between the parties.
• The financial needs and resources of each party.

Discovery

In any divorce case involving alimony, both parties have the right to conduct discovery. Discovery is the process of compelling the other party to provide information that may help one’s case. Discovery can occur in several different ways, including with interrogatories, requests for documents, and depositions. Discovery can also include obtaining documents from outside sources like employers and financial institutions. Discovery can sometimes uncover information that the other party is trying to hide. In cases involving alimony, discovery is extremely important because a lot of detailed information is required in order to make a persuasive case to the court.

When the court orders alimony and the other party fails to pay it, then, in order to enforce the alimony payments, the recipient party may file a petition for contempt of court. Contempt of court is a finding that a party was court-ordered to do something and failed to do it. When the court orders that a party is in contempt of court for failing to pay alimony, it will continue to hold them in contempt until they “purge” the contempt. In addition to requiring that they purge the contempt, the court may also impose other penalties. Such penalties may include paying the other party’s attorney fees.