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Introduction: Alimony Awards are Complex Determinations
Alimony – or “spousal maintenance” -- remains a controversial topic, something which is known to produce widely disparate responses from different people. Certain people believe that alimony is anachronistic, a thing better suited to a past with very different circumstances and sensibilities; others still contend that alimony is necessary to “bridge financial gaps” and ensure that both spouses hold a sustainable lifestyle post-divorce. The controversy lingers, but alimony appears as though it will stay in place for quite some time.
Not only are these awards controversial, they are also determinations which rely on complex decision making processes, processes which make use of multiple factors. In this post, we will carefully go over some of the primary and secondary factors which are known to impact these processes; this discussion will hopefully enable readers to better predict alimony related outcomes in future situations.
Primary Factors of Alimony Award Calculation
One of the more difficult things involved with understanding alimony determinations is fully recognizing all the potential factors which can hold weight. Simply put, there are lots of factors, and often parties inaccurately predict outcomes because they either aren’t aware of all possible factors, or they misjudge the relative importance of the factors which are present. Technically, Maryland law doesn’t have a system for predetermining the relative importance of all known factors, but current statutes and Maryland’s common law provide clues.
The “primary” or main factors in the alimony calculation process are those factors which touch directly on the financial conditions of the parties. Hence, factors such as present income and assets (of each party), each party’s material contributions during the marriage, the relative earning power of the spouses, and other similar factors as well. Basically, factors which may point to the “necessity” of such awards are likely to be quite significant. Ultimately, alimony awards are a financial construction, and consequently financial information is highly relevant in this process.
Secondary Factors of Alimony Award Calculation
In addition to these primary factors, plenty of other secondary factors are influential as well. For instance, along with things such income, assets, and current employment, other factors such as length of the marriage, standard of living attained (and sustained) during the marriage, conduct during the marriage (i.e. cruelty, adultery, etc.), age, health, education, and future employment prospects.
In the end, readers need to know that the court will perform a “global analysis” of each individual case and develop a determination consistent with that analysis. The court will give an in-depth, prolonged discussion in which it identifies all the relevant factors present, gives an assessment of the relative importance of these present factors, and then produces a final judgment which integrates all this information. These awards are granted on either a periodic, monthly payment basis, or a lump sum basis. Whatever amounts the court decides, those amounts will always be closely tied directly to the hard evidence presented in the case.
Importantly, readers should also be aware that these determinations can be both appealed and potentially modified in the future. When the court arrives at a determination, things aren’t necessarily settled indefinitely, as parties have the ability to petition the court for alterations down the line. This is also where a qualified attorney comes into play, as an attorney is likely to be particularly useful in these situations.
Contact the Murphy Law Firm for More Information
Readers who want to know more about the many factors contributing to alimony award calculation in Maryland, or about alimony modification, property division, or any other pertinent family law matter, contact one of the family law attorneys at the Murphy Law Firm today by calling 240-219-1187.
