By: Z Family Law
Are you going through a divorce and curious about alimony in the state of Maryland? Laws involving alimony, also known as spousal support, tend to differ in each state, and they can be complex if you aren't familiar with the process. There are a lot of myths that mislead individuals who may be seeking out alimony for financial support, and as legal professionals, we consider it our duty to debunk these misconceptions.
Here at Z Family Law, we work to create positive change in the world and the people we serve in the state of Maryland. Regardless of the challenges in your path, we want to help you reframe your family law matter as a promising starting point to build the life you deserve. Keep reading below to learn more about some of the most common misconceptions and myths about alimony in Maryland.
Myth 1: Alimony is awarded in every divorce case.
Alimony is a monetary payment made by one spouse to the other after a separation or divorce to provide for the recipient's financial needs. There's a common misconception that alimony is awarded in every divorce case. However, it's essential to understand that awarded alimony depends on several factors. Payments are not a guarantee in every case.
Maryland courts will have to weigh a variety of factors, such as the length of the marriage, the standard of living during the marriage, whether it is an uncontested divorce, and the ability of each spouse to support themselves. The presence of children and each person's income and average expenses will also affect whether or not alimony is awarded. Overall, it's key to remember that alimony is not an automatic provision.
Myth 2: Marital property is split evenly.
Another common misconception about alimony laws in Montgomery County and other surrounding areas is that marital property will be split 50-50. Even if a couple wants to divide their marital property equally, a judge may still split it unequally. The court typically evaluates the totality of the circumstances, assessing the contributions of each individual based on fairness and equity. This is because the state of Maryland is considered an "equitable distribution" state.
Under equitable distribution, judges can distribute both parties' assets in a way they deem fair and equitable based on the couple's unique circumstances. To give your case the best chance at success, it's best to hire an attorney with expertise in the different alimony laws Maryland enforces.
Myth 3: Businesses are not considered marital property.
In Maryland, any business that is established or acquired during the marriage is considered marital property. Further, if a premarital business grew significantly during the marriage, the increase in the business’ value may be subject to division during the divorce process. The valuation and division of a business in a divorce case can be complex. The court will evaluate such factors as: the business's future earning potential and the ability to continue operations post-divorce, as well as its overall value.
Myth 4: Alimony payments are tax-deductible.
Before 2019, alimony in the state of Maryland was taxable to the payee and deductible from the income of the payor. But after January 1st, 2019, it is no longer deductible to the payor. It is also not considered taxable income to the receiving spouse. This is similar to how child support is not considered as income and is not deductible under income tax.
Myth 5: Retirement accounts can't be divided during the divorce process.
As mentioned in previous sections, alimony Maryland laws give each spouse the right to equitable distribution of marital property. This can include pensions as well as retirement assets. Retirement assets that are obtained during marriage are typically considered to be marital property. If a spouse wants to claim that it is non-marital, they will have to prove it to a family court judge. The specific division of retirement benefits will depend on various factors, such as the length of the marriage, the financial needs of both spouses, and other relevant aspects.
Myth 6: Filing an alimony claim is weak.
There is a long-standing belief that only individuals who are financially incapable or dependent on their spouse will actively seek out alimony payments. However, it is essential to remember that alimony laws in Maryland are designed to ensure fairness and to transition both parties to indepencenceparties post-divorce. The laws are established to address significant disparities in income and help maintain the financial stability of both individuals. That's why courts evaluate the earning capacity of each party and their expenses and needs, as well as their overall financial situation. It's not a sign of weakness; in fact, it's a practical approach to ensure the fair distribution of resources–especially if one party was a homemaker who supported the career growth of the higher earner.
Myth 7: Alimony payments are temporary.
This is not always true. The state of Maryland recognizes several types of alimony. Alimony can only be awarded before the final ending of a marriage. So, if a spouse fails to make their claim as part of their divorce, they cannot come back later to start an alimony claim once the marriage has officially ended. Below, you'll find the three types of alimony in Maryland:
- Indefinite alimony: This is a type of alimony with no end date. A spouse may receive indefinite alimony due to a variety of factors such as age, illness, or disability. It is typically awarded if a spouse's standard of living is "unconscionably disparate," meaning that there is an unfair difference between living standards.
- Pendente Lite: This type of alimony is awarded between the time a spouse files for divorce and the time the divorce is finalized. It's a type of alimony used to maintain the status quo during divorce.
- Rehabilitative alimony: This is the most common type of alimony awarded to a spouse. There's typically a date associated with it, and the court will award the alimony until the spouse can reasonably be able support themselves fully. For example, if a spouse is in school for a graduate degree, then they may be entitled to alimony payments until they finish their degree program and can better support themselves. The results will vary depending on the situation.
Myth 8: The reasons for divorce do not determine whether a spouse receives alimony.
The court considers a variety of factors before deciding to award alimony. Part of this includes the length of the marriage, the financial situation, age, physical health and mental health of each party, and the reasons for the divorce. Courts will also look over the standard of living established during the marriage as well as any agreements or disagreements between the parties. It's not solely about monetary rewards and financial needs. When judges consider equity, they examine the physical and mental condition of each party as well as the circumstances that contributed to their estrangement. It's all part of determining what's fair to each spouse.
Overall, it is crucial to address common misconceptions about laws regarding alimony in Maryland. These misconceptions can lead to confusion and potential injustice when it comes to the distribution of financial support after a divorce or separation. Consulting with a professional attorney at Z Family Law who has experience in these legal matters is highly advisable to ensure that your rights and interests are protected throughout this complex and sensitive period.
Schedule your initial case assessment with us today to speak with a Maryland alimony lawyer about your case.