Kaplan v. Kaplan (2020) & Issues Related to Indefinite Alimony

As we have stated and emphasized previously on our blog, alimony (or “spousal maintenance”) remains among the most controversial issues in family law. When one spouse is awarded alimony, that spouse is essentially being paid specifically because of the separation, not to take care of children, and not necessarily because of bad behavior on the part of the other spouse. In some cases, the bad behavior (in the form of infidelity, cruelty, etc.) of one spouse might be taken as a relevant factor in alimony analyses; in plenty of instances, Maryland courts award alimony strictly to maintain certain living standards.

Alimony is something of a polarizing issue: some people see it as a vital piece of the divorce process, while others see it as an anachronistic practice which has no utility in current society. Whatever side of the issue any given person happens to be on, there is no question that alimony will be around for the foreseeable future.

The case of Kaplan v. Kaplan (2020) presents a relatively recent example of a divorce which lacked any sort of conventionally “bad behavior” but still featured an alimony award. And, in this case, the award was “indefinite,” meaning it could last for a substantial period of time. Let’s go over the details of this case more carefully.

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Facts of the Case

The parties married in 2001 and initially lived in the State of New York. The wife had a master’s degree in education and worked as a teacher during most of the marriage. The father owned a business (sports management and public relations) and earned considerably more than the wife throughout the marriage. Early on in the marriage, the husband attended law school and then ultimately began a law career (in addition to running his business). The parties relocated to Maryland and eventually settled in this state permanently. At the time of the divorce, the parties were indisputably domiciled in Maryland.

The couple had three children during the marriage. In 2017, the couple separated, and then soon thereafter divorce proceedings were initiated. There were several issues in the case, but the one we will focus on here is the issue of indefinite alimony. The wife requested indefinite alimony, and highlighted the large discrepancy in earning capacity between herself and her former husband. She argued that this discrepancy would persist even after she attained maximum earnings, as her earning potential was considerably lower than his potential. The trial court granted indefinite alimony, and the husband appealed.

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Ruling & Discussion

Essentially, the husband made two arguments on appeal: (1) the trial court didn’t properly consider the wife’s premarital standard of living in its analysis, and (2) the trial court didn’t accurately project the wife’s earning potential. The appellate division affirmed the trial court’s ruling, holding that all relevant facts and evidence had been properly weighed in the trial court’s analysis. The appellate court noted that the trial court could’ve properly viewed the living standard obtained during the marriage as being the preeminent consideration in its analysis; the husband wanted to focus on the premarital living standards, as he argued that such standards were highly important in making a determination on indefinite alimony. He also argued that the court failed to accurately take account of the wife’s future income. The appellate court found no abuse of discretion, and so the trial court didn’t err by giving more weight to the monetary and non-monetary contributions of the parties during the marriage itself.

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Contact the Murphy Law Firm to Learn More

Readers who want to learn more about indefinite alimony, rehabilitative alimony, modification of alimony payments, or another related matter, contact one of the family law attorneys at the Murphy Law Firm today by calling 240-219-5243.

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