Recent Trends In Alimony

Posted

Many people have outdated notions about alimony or spousal support. As a result, they may make ill-advised and potentially damaging decisions regarding separation and divorce. With this short article, I hope to clear up some of these old myths.

Alimony

In the not-too-distant past, husbands who found themselves in divorce court were often ordered to pay their wives alimony or spousal support for as long as they both lived or until the wife remarried. The amount would be sufficient to support the spouse “in the manner to which she had become accustomed.”

Today, however, alimony is awarded in a decided minority of cases and, with the passage of the Maryland Equal Rights Amendment in 1973, women are no longer the exclusive recipients. Theoretically, men are equally entitled to alimony, although, in practice, men rarely request spousal support and courts seldom grant it.

The current alimony law was passed in 1980. Courts are required to consider about 12 specific factors in arriving at a fair award. The factors are below.

  • Financial needs and resources
  • Age and physical and mental condition
  • Factors contributing to the breakup of the marriage
  • Contributions (financially and otherwise) to the marriage
  • Duration of the marriage
  • Standard of living established during the marriage
  • The ability of the party seeking alimony to become self-supporting
  • The length of time required to obtain the training and education necessary to find suitable employment

These two final factors focus on the rehabilitative nature of alimony and require that the “economically dependent spouse” (a gender-neutral term) attempt to secure gainful employment. Alimony usually will be limited to the period which the court estimates will be required for the spouse to become self-sufficient.

In very few cases, indefinite or permanent alimony may be awarded. This tends to happen only in longer marriages and particularly in those where one spouse has been a homemaker rather than a wage earner. Indefinite alimony may only be ordered when:

  • The dependent spouse has made as much progress as can be expected toward becoming self-supporting and the parties' standard of living remains “unconscionably disparate”
  • Due to age, illness or disability, the dependent spouse is unable to become self-supporting

To complicate matters further, Congress has entered the fray and, effective January 1, 2019, alimony will no longer be taxable to the recipient or tax-deductible to the payer. It is difficult to predict how this change will affect alimony awards moving forward. The pending change may lead to a wave of agreements being executed before the end of the calendar year, thereby securing deductibility for any spousal support.

Alimony is but one issue to address when a marriage falters.

If you find yourself contemplating separation or divorce, you will have questions about spousal support and other issues. You should consult with an attorney who is familiar with this area of the law and who will assist you in making informed decisions. If you need further information regarding this subject, contact the Law Office of David V. Diggs LLC, located at 8684 Veterans Highway, Suite 204, in Millersville, by calling 410-244-1189 or emailing david@diggslaw.com.

Comments

No comments on this item Please log in to comment by clicking here