Maryland Spousal Support Lawyer
People need a little assistance from others in most aspects of life. Spousal support may be one of those forms of help for you. According to data provided by the U.S. Census Bureau, in 2017 the median income for married couples with families in Maryland was $115,030. When couples divorce, those earnings may have to now provide for two Maryland households.
Over time Maryland has changed the manner in which alimony is determined. Moreover, new tax laws may also complicate matters. For more personalized information, it may be beneficial to speak to a Maryland spousal support lawyer. Let a seasoned family attorney help you.
Types of Spousal Support
The key determiner for the type of alimony that may be awarded is the stage where the estranged married couple is in the dissolution process. A Maryland spousal support attorney may have advice on whether each is viable for a particular case.
Spousal Support Pendente Lite
Pendente lite support is also called temporary alimony. Per Code of Maryland, Family Law §§11-102 a divorcing party may request spousal support pendente lite when filing for divorce. The amount may be decided at a scheduled hearing, and if granted it will be paid while the divorce is pending.
Indefinite Spousal Support
At a hearing for divorce in Maryland, if properly plead, spousal payments may be ordered, and under some limited circumstances they may even continue indefinitely. However, under Code of Maryland, Family Law §8-103, a court has the discretion to modify spousal support. A Maryland alimony lawyer may assist with seeking modifications to a payment agreement.
Determining Maryland Spousal Support Amounts
Although some states determine alimony using a formula, Maryland is not one of those states. In Maryland judges deliberate the issue of alimony on a case-by-case basis. Under Family Law §11-106, the adjudicator may consider a variety of factors including, but not limited to, the following:
- Financial need
- Ability to pay
- Current standards of living
- Custodial arrangements
- Length of the marriage
- Circumstances of estrangement
- Ages of the parties
- Rights to receive retirement benefits
Spousal Support Guidelines for the Maryland Judge
Although not required by Maryland law, a judge may refer to an out of court reference in deciding the proper amount of spousal support. In a Maryland Court of Appeals case called Boemio v. Boemio, the judiciary held that it was proper for judges to refer to American Academy of Matrimonial Lawyers (AAML) principles in handing down a dollar figure to be paid as alimony. A spouse might ask an alimony attorney in Maryland for more information on AAML guidelines.
Taxes on Spousal Support
As of January 1, 2019, alimony payments in Maryland are considered tax neutral. In prior years, a paying spouse could deduct the amounts remitted on their income tax form. A recipient of spousal support had to declare those payments as income. However, the new law makes alimony payments inconsequential when it comes to filing income taxes.
The payor may no longer claim spousal support as a tax deduction, and the payee does not have to declare the alimony as income. This new regulation will apply to divorce decrees issued in 2019 and beyond, as well as spousal support agreements that are modified after January 1, 2019.
Speak with a Maryland Spousal Support Attorney Today
Arranging for spousal support in Maryland may involve several stages. You may wish to seek temporary payments while a divorce decree is pending. Additionally, it might be difficult to predict the details of the alimony order, as judges have broad discretion.
Accessing the knowledge of a legal professional may answer some of your questions. Get in touch with a Maryland spousal support lawyer for additional guidance in seeking monies to assist your changing household.
