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As we’ve pointed out before in prior articles, alimony (or spousal maintenance) is something which comes in various forms. There are several types of alimony, including rehabilitative and indefinite. Rehabilitative alimony is by far the more commonly awarded form of alimony; rehabilitative alimony is temporary, and is designed to provide material support while one spouse takes steps to attain a certain standard of living. Indefinite alimony, by contrast, is permanent, and is designed to ensure that one spouse is consistently taken care of materially. Because of its permanence, indefinite alimony is awarded according to a stricter standard than rehabilitative alimony.
Multiple factors are used to determine whether indefinite alimony may be awarded in a given situation. The case of K.B. v. D.B. (2020) is a relatively recent case in which the issue of indefinite alimony came to prominence. In this case, the wife was ultimately successful in overturning a decision to decline indefinite alimony at the trial court level. Let’s examine this importance case in detail.
Facts of the Case
The parties in this case were married for approximately 17 years prior to the initial petition for divorce. The couple had one son together, and that son was born in 2003. The marriage took place in 1998 in New Hampshire; the couple resided in New Hampshire at various points throughout the marriage, but relocated to Maryland during the marriage (and were domiciled here at the time of the dissolution).
Importantly, the wife had considerably less earning power than the husband, both before and during the marriage. The wife had an unfinished master’s degree in teaching, and likely would be able to earn a salary of around $35,000 per year on her own. The husband, on the other hand, was part owner of a lucrative business involved in buying and selling corporate jets; the husband consistently earned an annual income in excess of $1,000,000, and his income exceeded $2,000,000 in certain years.
Both parties alleged mistreatment by the other during the marriage. During the divorce, multiple issues emerged, including custody related issues, property division, and alimony. At the trial court level, the court noted several factors which impacted their decision to award rehabilitative alimony rather than indefinite alimony. As mentioned, the determination to award indefinite alimony is a complex procedure, something which depends on a multi-factor analysis; in its opinion, the trial court emphasized the fact that the husband’s much greater earning capacity pre-dated the marriage by a substantial period of time; the trial court also emphasized the relatively short duration of the marriage altogether, and the fact that the wife was still in good health at the time of the divorce. The wife appealed, and in her appeal she highlighted the vast discrepancy between her maximum earning capacity and the husband’s capacity.
Ruling & Discussion
The wife was ultimately successful on appeal, as the appellate court concurred with her assessment that the large gap between her financial situation and the husband’s situation constituted an “unconscionable disparity.” This concept of unconscionable disparity is one of the main things which the court uses to make a determination of indefinite alimony; aside from a person’s health or age, it is the other main item which the court uses to base its determination. In this case, many factors were cited pertaining to the determination on indefinite alimony; in the appellate court’s analysis, the trial court overemphasized the premarital standard of living between the parties, and underappreciated the length of the marriage. These were critical reasons as to why the appellate court overturned the trial court’s decision.
Contact the Murphy Law Firm for More Information
To learn more about unconscionable disparities in alimony relief, requests for monetary awards, alimony in general, property division, or any other family law topic, contact one of the family law attorneys at the Murphy Law Firm today by calling 240-219-5243.
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