Rockville, MD Spousal Support Attorney

Experienced Lawyer Helping With Spousal Support in Rockville, MD

Alimony used to be almost a given in divorce cases. In the days when women were almost universally homemakers and stay-at-home mothers with little economic opportunity, spousal support was often necessary to prevent divorced women from relying on public assistance. Times have changed considerably since this was the case. Many women now outearn their husbands, some fathers give up their careers to stay home with the children, and not all marriages consist of one man and one woman. Thus, the law surrounding spousal support and when it can be ordered during divorce has been updated to reflect the new reality.

Diamant Gerstein, LLC can help if spousal support is likely to become an issue in your divorce. If you have sacrificed career opportunities to devote yourself to raising children or running the household, we can work to maximize your alimony. If your spouse is unfairly demanding alimony that is undeserved and unwarranted, we will fight to prevent you from being taken advantage of. Our dedicated Rockville, MD divorce lawyers can negotiate alimony out of court or fight for you during divorce litigation.

Factors a Court Will Consider When Deciding Whether to Order Alimony

If the court is asked to decide whether one spouse will pay spousal support and if so, how much and for how long, some of the factors it will consider include:

• Each party's financial needs and resources - One of the more important factors is how much each spouse earns and what other assets each has access to. Each spouse's relative financial needs and obligations are also important.
• How long the marriage lasted - The shorter the marriage, the easier it would likely be for a homemaker spouse to re-enter the workforce. Alimony needs tend to be greater after long marriages.
• Each party's contributions to the marriage - This includes both financial and non-monetary contributions, like maintaining the household and providing childcare so the other could focus on a career.
• Standard of living - High-asset divorce is more likely to result in alimony, as neither party should see a precipitous drop in their standard of living.
• The causes of the divorce - The court may consider whether one party is substantially at fault for causing the marital relationship to break down.
• The age and health of each party - Each party's respective age and any mental or physical health issues may be relevant.
• Whether the requesting spouse can become self-supporting - If the spouse requesting alimony is unable to support himself or herself, spousal support is more likely to be ordered. If both spouses are equally capable of supporting themselves, it is less likely.
• Prenuptial or postnuptial agreements - The agreements in place may influence, if not control, whether alimony will be ordered.

Types of Alimony in Maryland

When spousal support is ordered, it may be only temporary. Alimony pendente lite is a type of temporary support that is paid only while the divorce is in progress. This allows both spouses to roughly maintain equal standards of living until a final decree is entered.

Rehabilitative alimony is intended to help the receiving spouse remain financially secure while he or she pursues education or job training and prepares to re-enter the workforce. This type of alimony is common when one spouse was a homemaker during the marriage, but is young and healthy enough to start a career after earning a new degree or receiving training.

Indefinite alimony continues until one party's circumstances change significantly or one party passes away. It is rare, and generally only ordered when the receiving party cannot reasonably support himself or herself due to advanced age, poor health, or the need to care for a disabled child full-time.

Contact a Rockville, MD Alimony Attorney Today

Diamant Gerstein, LLC is highly knowledgeable concerning spousal support law in Maryland. Our dedicated Rockville, MD divorce attorneys will work to ensure a favorable outcome for you. Contact us at 301-560-2685 for a confidential consultation.