Maryland is a fault-based state, meaning that there must be legal justification for a divorce. One valid reason is adultery. Although cheating can impact child custody and other parts of a divorce, alimony is one thing that is not affected. This means that, unfortunately for the spouse who was cheated on, he or she may still have to fork over monthly spousal support payments according to Maryland state law.
Posts tagged "income"
One of the realities that Maryland couples will likely face after divorce is that one spouse will be obligated to pay spousal support to the other. In most cases, the monthly payments will last forever - that is, until one of the spouses dies. What happens when the payor ends up with a sizable increase in income decades down the road? Is the recipient entitled to an increase in alimony?
Gone are the times when the husband was almost always forced to pay the ex-wife alimony in a divorce. Family roles have changed for many Maryland spouses. In many households, the husband stays at home with the children, while the wife is the one working and financially supporting the family. Because of this, alimony is not always awarded to women. In fact, spousal support is not even an issue in some marriages. It is awarded based on various factors.
When Maryland couples divorce, one party may be forced to pay the other spousal support. In most cases, this alimony is paid until either party dies or until the receiver remarries. But what happens if the payer becomes unemployed or experiences a decrease in income? Can the payments be modified, at least for a temporary amount of time?
When heterosexual couples from Maryland divorce, one party typically has the right to seek spousal support from the other partner so that the person with the lower income can maintain the standard of living he or she enjoyed while married. But what about same-sex couples who are legally married? If their marriage turns sour, do they have the right to seek alimony from the partner with the higher income?
After a Maryland divorce, spousal support is often awarded to the spouse with lower income. Most parties wish they could ignore alimony altogether - who willingly wants to pay money to their ex-spouse on a regular basis? But, the reality is that failure to pay alimony can result in serious penalties. The duty to pay it is taken very seriously in some cases - so much so that sometimes people are jailed for non-payment. That was the case for a man who was jailed for refusing to pay $2,000 a week in permanent alimony to his ex-wife.
Of all the reasons and complications leading up to and then constantly intertwined with a divorce, money is often one of the most significant considerations. Some people get divorced over money, and some people only fight about money during the property division part of a divorce. For others, the main fight over money in a divorce occurs when it comes to determining whether or not child support or alimony will be paid - and how much. However, one thing that might not even be part of the back-and-forth between the divorcing couple, but that might have one of the biggest impacts on life going forward, is the tax implications of the couple's newfound filing status.
Many of our Maryland readers have probably heard a number of statistics reported about divorce in America. Probably the most common one is that approximately 50 percent of marriages end in divorce, although this statistic has been called into question in recent years. But, a recent article quoted another common divorce-related statistic: that January is the month with the most divorce filings.
Like many other terms in our politically correct society, the term "alimony" is heard less often nowadays. Most people involved in the divorce process now refer to alimony as "spousal support" or "spousal maintenance." This may be because alimony is associated with an older time when the man in a divorce almost universally was the one who was ordered to pay alimony to his ex-wife. That has definitely changed in the last several years, and a recent article noted that alimony, among other factors, needs to be reconsidered by any man going through a divorce.