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Alimony
Alimony may be
obtained in: (1) Complaint for Support; (2)
Limited Divorce; or (3) Absolute Divorce.
Alimony can be:
(1)
Temporary;
(2)
Rehabilitative;
or (3)
Indefinite.
Alimony is subject
to modification if: (1) a separation agreement
does not say it is “not subject to
modification” and (2) it is awarded and the
party seeking to modify does so during the term
of the alimony and can show a material change of
circumstances.
For many years
alimony was awarded only to a wife, but Family
Law § 11-101(b) now provides, "The court may
award alimony to either party." This
change in language was in accordance with the
Equal Rights Amendment, adopted in 1972. In
Bricker v. Bricker, the court used the
descriptive designations "economically dependent
spouse" and "economically independent spouse"
to identify the parties. Following tentative
beginnings, alimony law has developed with
alarming speed. By the late 1970s the case law
had exploded. The aim of an alimony award was to
assure suitable maintenance for the
economically dependent spouse.
The courts
established
factors to be considered in making
awards.
FACTORS:
(1) the ability of
the party seeking alimony to be wholly or partly
self-supporting;
(2) the time
necessary for the party seeking alimony to gain
sufficient education or training to enable that
party to find suitable employment;
(3) the standard
of living that the parties established during
their marriage;
(4) the duration
of the marriage;
(5) the
contributions, monetary and nonmonetary, of each
party to the well-being of the family;
(6) the
circumstances that contributed to the
estrangement of the parties; (see Caccamise 747
A.2d 221 Trial court, in the exercise of its
judgment, after considering statutory factors,
may award alimony to the "guilty" party).
(7) the age of
each party;
(8) the physical
and mental condition of each party;
(9) the ability of
the party from whom alimony is sought to meet
that party's needs while meeting the needs of
the party seeking alimony;
(10) any agreement
between the parties;
(11) the financial
needs and financial resources of each party,
including:
(i) all income
and assets, including property that does not
produce income; (ii) any award made under §§
8-205 and 8-208 of this article; (iii) the
nature and amount of the financial obligations
of each party; and (iv) the right of each
party to receive retirement benefits; and
(12) whether the
award would cause a spouse who is a resident of
a related institution as defined in § 19-301 of
the Health - General Article and from whom
alimony is sought to become eligible for medical
assistance earlier than would otherwise occur.
See Also
Whittington v. Whittington, (CSA
No. 06-32,
January 4, 2007). Which
states that cohabitation from the payee spouse
may terminate the alimony payment.
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