Baltimore County & Towson Divorce Lawyer | Alimony | Indefinite Alimony.
The Award of Indefinite Alimony by The Circuit Court for Baltimore County
Indefinite alimony is special and rarely granted when parties divorce in Maryland. It is granted when even after the dependent spouse becomes self-supporting there will be an unconscionable disparity in standards of living. Typically the issue of rehabilitative alimony arises in long marriages where the dependent spouse seeks to maintain a high standard of living.
Like rehabilitative alimony, indefinite alimony is usually awarded simultaneously with a Judgment of Absolute Divorce, but its duration may continue until the recipient spouse dies. In Maryland jurisdictions like the Circuit Court for Baltimore County and the Circuit Court for Harford County, indefinite alimony is rare and only awarded in one of two situations:
The first circumstance is when the party seeking indefinite alimony can never be expected to become self-supporting because of age, health, or disability. In addition to obtaining an attorney, clients seeking indefinite alimony may also require medical fact witnesses, medical expert witnesses, and a vocational expert to testify about earning potential in light of the spouse's age, health or disability.
The second circumstance justifying an award of indefinite alimony is when the party seeking alimony might make some progress towards becoming self supporting, but, even after that progress is made there will be an "unconscionable disparity" in future standards of living (because the party seeking alimony will always earn so much less than the other party). There is no exact definition of an unconscionable disparity and whether an unconscionable disparity exists is a question that the individual trial judge makes using his or her conscience (that conscience being informed by the evidence properly presented to the Court).
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