Rockville Spousal Support Lawyer
Being separated or getting divorced from your spouse can be extremely challenging. You may understandably be concerned about whether you are entitled to financial support from your spouse, both during the separation and after the divorce.
For this reason, you should let one of our seasoned family law attorneys help you understand the different types of support that may be available to you before entering litigation with your spouse. A Rockville spousal support lawyer can help determine whether you are eligible for alimony and, if so, what amount and for how long.
Types of Alimony Available in Rockville
Spousal support, also known as alimony or maintenance, is one spouse’s obligation to financially assist the other in becoming self-sufficient. There are several forms of alimony available in our area, including temporary, rehabilitative, and indefinite or permanent spousal maintenance. It is essential to understand these different types of support and the purpose of each.
Temporary Alimony
Temporary alimony may be ordered to help maintain financial stability while the divorce is pending. Also known as pendente lite support, temporary alimony provides the economically dependent spouse with the support necessary to maintain the household and the status quo until the final trial in the divorce.
Rehabilitative Spousal Maintenance
Rehabilitative support is payable after a divorce for a set period of time and is meant to facilitate the financially dependent spouse’s re-entry into the workforce and help foster self-sufficiency. For example, enabling a spouse to go back to school and earn a degree is an essential function of rehabilitative spousal maintenance.
Indefinite Spousal Support
Alimony is generally not awarded for a lifetime, as it is meant to enable both spouses to live and work independently of each other after divorce or separation. However, certain circumstances may warrant indefinite or permanent spousal maintenance payments.
For instance, indefinite support may be appropriate when the difference in the parties’ incomes and lifestyles is disparate enough even after a spouse has become self-supporting. An unconscionable disparity in the parties’ lifestyles may occur when one spouse primarily stayed home after marriage to care for the home and children. This may also occur if one spouse is disabled, ill, or of advanced age.
One spouse may be obligated to pay support to the other until an event occurs that causes the alimony payment to be modified or terminated. If either party suffers an involuntary loss of income, their spousal maintenance arrangement may need to be adjusted if they were court-ordered. Otherwise, a terminating event may be included in a separation agreement or in a court order. An experienced lawyer in Rockville can help assess what type of alimony may be most beneficial in your case.
Amount and Duration of Spousal Support
Unlike child support, there is no state formula to determine an appropriate amount or duration of spousal support. Instead, a local family court must consider the factors outlined in Maryland Code Family Law §11-106 to calculate alimony payments, which include but are not limited to:
- The requesting party’s ability to be wholly or partly self-supporting
- The time needed to gain sufficient education or training to find suitable employment
- The length of the marriage and the parties’ standard of living during the marriage
- Each party’s contributions to the marital estate
- The circumstances that led to the divorce or separation
- The ages and physical and mental health of each party
- The paying spouse’s ability to meet their own needs while fulfilling the needs of the party seeking support
- Both spouses’ financial needs and resources
An attorney in Rockville can review each party’s financial information and respective earning capacities and offer guidance on the appropriate amount and duration of spousal maintenance. We can also advise you on the impact of receiving or paying spousal support on child support.
A Rockville Spousal Support Attorney Can Help
Your eligibility for support upon separation and divorce as well as how much and for how long you may be eligible for assistance may require assistance to determine. A Rockville spousal support lawyer can help you navigate the local legal system and advocate for or against the need for alimony payments between you and your ex. Call today to set up an initial consultation with a professional.