Ellicott City Spousal Support Lawyer

Ellicott City Spousal Support Attorney

If you’re going through the process of dissolving your marriage in Ellicott City, MD, you might encounter a dispute over spousal support. Also called alimony, spousal support is a required monetary payment that a person has to pay to their former spouse. This requirement can cause a lot of tension, as you might find yourself facing unrealistic financial obligations or a former partner who is refusing to pay. No matter what your situation is, a spousal support lawyer can help provide informed legal guidance and stand up for your rights.

What Is Spousal Support?

Divorces are often messy, and if you were tangled up in a contested divorce, a judge might have ended up making decisions for you and your past partner. The court’s main focus is that the split is equitable and balanced. As a result, sometimes the court rules that one person has to pay spousal support to the other person. You and your spouse can also negotiate spousal support outside of court, or one person can request the support during the court proceedings. Regardless of who brings it up, the court will always take a thorough look at both party’s finances when reviewing who will pay, how much they will pay, and for how long.

What Factors Influence Spousal Support in Ellicott City?

Everything from age, retirement benefits, and income determines how much child support you or your former partner might pay. For instance, you might be looking at mandatory spousal support if:

• Your marriage lasted several years or more.
• You have a significantly higher income than your former spouse.
• Your former spouse cannot maintain the standard of living that they had during the marriage after the divorce.
• Your former spouse is near retirement and will soon have reduced earnings.
• Your former spouse has physical or mental health issues that prevent them from earning income.

While these are some of the factors that the court takes into account when determining child support, it is important that you understand how context-specific the process is. These are not ironclad rules, and the court will take into account the unique nature of your own financial situation when making its determinations. You can also consult with an experienced spousal support lawyer to get a sense of what to expect and how to defend your assets.

Types of Spousal Support

Spousal support payments are based on the situation at hand. For instance, many judges in Maryland order rehabilitative alimony, which is a short-term spousal payment that helps the person collecting the payments achieve financial self-sufficiency after the marriage. For example, you might need to go back to school to get a job that allows you to take care of your financial needs on your own. A judge might order your former spouse to pay spousal support until you finish that process and get a job with a higher salary.  You might also confront indefinite alimony, which has no set end date. There are a lot of reasons why a judge might order indefinite alimony payments, like if one spouse has a long-term physical ailment or there were significant financial disparities in the marriage.

Child Support

It’s important to know that spousal support is different from child support, and it is common for a judge to order both. If you and your former spouse have children together, you should expect negotiations about child support payments that support one spouse in raising the children, which is separate from the alimony. A family law attorney can help you with any issues surrounding child support payments so that you can reduce some of your stress and soften the emotional toll of such major decisions.

FAQs About Ellicott City, MD Spousal Support Laws

Can You Get Spousal Support in Maryland?

If you’re dissolving your marriage in Maryland, you can negotiate or request spousal support. Whether the court grants you spousal support will depend on a wide variety of contextual factors, like how long you were married to the person you want alimony from. Your lawyer can help you request spousal support and stand up for you if you are facing obstacles in securing it.

What Are the Factors for Paying Spousal Support in Maryland?

Maryland court will take many factors into account when determining who pays how much alimony in your divorce. For instance, the court’s decisions about alimony will be influenced by, among other considerations: 

• Age
• Physical and mental health
• Both parties’ incomes
• The duration of the marriage

Your lawyer can help you understand how your financial details and the history of your marriage might influence how much alimony you can collect or might face paying.

Does Cheating Affect Alimony in Maryland?

If someone in your marriage was unfaithful, it can impact spousal support. In Maryland, the court does take into account cheating when looking at spousal support, and it can hurt a spouse’s chances of collecting it and raise their chances of having to pay it. No matter what situation you are facing, your alimony lawyer can help you collect evidence to back up your claims and help you collect alimony or defend against payment requirements.

What Is a Spouse Entitled to in a Divorce in Maryland?

If you and your spouse cannot agree on how to divide your assets when ending your marriage, a judge can do it for you. Maryland is what is known as an equitable distribution state, which means that the judge will attempt to split assets in a fair way, rather than right down the middle. What you’re entitled to will thus depend a great deal on the value of your marital property and your personal financial situation.

Contact Our Assertive Team of Spousal Support Attorneys

At the Law Offices of Todd K. Mohink, PA, we understand how stressful divorce can be and how complicated the issue of spousal support is. Whether you are fighting to collect alimony or defending against spousal support obligations, we are here to stand by your side. Reach out to us today to get the legal help you need.