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Maryland Divorce Alimony

Till the year 1980, there were no provisions for awarding of alimony or spousal support in Maryland. At present the court of Maryland declares alimony based on the Divorce Code of 1980 which mentions that the court can sanction spousal support “only if it finds that alimony is necessary." The Maryland divorce alimony can be paid by either of the spouses irrespective of gender as the family court believes in equal rights mentioned in Md. Code Ann. Family Law § 11-101(b).

There are mainly two types of alimony that are commonly granted by the Maryland court, the interim alimony or the alimony paid during the ‘wait of the divorce process’ and the other is after divorce alimony. The after divorce alimony can either be on a temporary or on a permanent basis. The permanent divorce alimony is hardly awarded as in most cases both the spouses are found to be equally self-sufficient.

Generally the Maryland divorce alimony is granted either by the action of discretion of the court or according to the mutual agreement done by the couple. The court has no say on the amount or the form of alimony to be awarded if the couple has already managed to come to a mutual understanding. If not, the court holds the final authority to determine the payment of alimony. In case the alimony seeking spouse has failed to claim any form of alimony, he or she has no right to move to court to further appeal for alimony.

The alimony in Maryland is generally termed as either rehabilitative alimony or indefinite alimony. The rehabilitative alimony is given to the spouse who has given up his or her career ambitions in order to carry on with the homemaking, child care and household works. After the divorce, in order to provide the opportunity to redevelop the marketable skills of the spouse so that he or she can manage to earn his or her livelihood alone, this form of alimony is rewarded.

The permanent or indefinite form of alimony is awarded when the receiving spouse is quite aged, physically or mentally unfit for earning his or her won living. The alimony is also for those spouses who are unable to make any further progress in life for which the other spouse is responsible. The alimony can also be granted if there is a wide disparity between the living standards of the ex-spouses.

The indefinite alimony gets terminated when either of the spouses dies or the receiving spouse remarries or cohabits with another partner.

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