Cruz v. Silva (2009): Alimony without Divorce

The concept of alimony is one of the older ideas in family law. Arguably, alimony is increasingly less and less relevant today because both spouses tend to work in the private (or public) economy. Alimony used to be a way for a husband to continue supporting his wife financially even after they got divorced, since he was considered responsible for her well-being. Sometimes, alimony may be required even when a formal divorce is not finalized yet. This can happen when there is a temporary separation between spouses. The case of Cruz v. Silva (2009) is an interesting recent example of alimony being sought even without the occurrence of a formal divorce decree. Let’s take a look at this case, so we can gain a better sense of how alimony might be obtained even without a divorce in Maryland.

Facts of the Case: Cruz v. Silva

The couple in this case had two children during their marriage. Initially, the husband filed for limited divorce following a one-year separation from his wife. Subsequently, the wife filed a counterclaim which requested absolute divorce on the grounds of abandonment and also adultery. In the wife’s counterclaim, she requested alimony.

During the hearings on the husband’s petition and the wife’s petition, neither party was represented by counsel, and both parties required an interpreter. Both parties in the hearings couldn't bring a witness to support their account, and they also couldn't provide any supporting testimony themselves. For this reason, the court was unable to grant either limited divorce or absolute divorce, as such corroboration is a requirement for divorce in Maryland. However, although the court couldn’t grant a divorce, the court still resolved several critical issues, including custody, child support, and alimony. The husband was ordered to pay the wife a monthly alimony award of $1,500 for an indefinite period of time. The husband appealed, and eventually the case was overturned by the appellate court.

Outcome: Alimony without Divorce is Theoretically Possible

The case had an unusual outcome because the husband won in the appellate division. However, the division noted that alimony without a formal divorce can be done theoretically. The husband’s basic position was that alimony should have been impossible simply because no divorce was granted. In reality, alimony without a final divorce judgment is theoretically possible, but wasn’t permissible under the facts of the current case. Traditionally, alimony wasn't just a consequence of divorce; it was a legal obligation for husbands to provide for their wives' well-being. This meant that alimony could be awarded even in the absence of a divorce. In this situation, the court decided that corroborating evidence was necessary to grant alimony, even though a change of circumstances had been demonstrated. Because no such evidence was provided, the appellate court overturned the alimony award. If, however, such evidence had been provided by either husband or wife, an alimony award could have been sustained.

Contact the Murphy Law Firm for More Information

If you want to learn more about alimony, or another family law matter, reach out to one of the top Maryland family law attorneys at the Murphy Law Firm by calling 240-219-8543.

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