Introduction to Alimony
Our goal is to use our over thirty years of family law experience to achieve the best result. This may be achieved by ensuring that you understand your rights and the legal process and by our development of a proposed plan that seeks to respond to your needs. This page is our introduction to alimony and you will find more specific details in each subtopic article.
One of the most important and frequently asked questions I am asked by my clients is:
“How much alimony will I receive?”
The answer is as follows:
The first threshold in establishing alimony is to see whether the party meets the criteria. The court applies specific criteria, including case law, and there is software that is a useful tool in determining the amount of alimony to be awarded.
Second, what type of alimony do the courts provide to a party? There are three types of alimony: temporary, rehabilitative, and indefinite. Temporary alimony is support based on emergent needs and may be granted at the first court proceeding, which is called a Magistrate’s Hearing. Temporary alimony may either continue throughout or be terminated during the litigation process. Rehabilitative alimony more often begins at the last court hearing when the case is tried, which is often referred to as the ‘’ trial on the merits’’. Rehabilitative alimony provides the recipient with resources to achieve a vocational goal, either obtaining a job or participating in a training program to develop tools and skills to obtain a job or increase earning ability. Rehabilitative alimony may also provide funds for the payment of monthly expenses as well as tuition, books and fees, and those related expenses to meet the rehabilitative plan. Indefinite alimony formerly was called permanent alimony and was changed to “indefinite” because recipients thought it would last forever, which it does not.
Circumstances may change that result in the modification or termination of alimony. The most frequently occurring conditions are remarriage of the recipient, death of the provider of alimony, a condition that terminates alimony such as a period of time, i.e. a number of years, or other conditions that are spelled out in a judgment or in a contractual agreement such as a property settlement agreement.
Alimony is taxable income to the recipient and a tax deduction to the provider. Tax laws require the attorney to meet the special conditions of the Tax Code.
We are ready to provide you with quality services in this and other family law matters as we have done for the past 30 or more years.
Call me, Fredric G. Antenberg, your divorce and family law attorney, serving clients in Howard County and surrounding counties in Maryland, at 410 730 4404.