Baltimore County & Towson Divorce Lawyer | Alimony | Rehabilitative Alimony.
Rehabilitative Alimony In The Circuit Court for Baltimore County.
The second type of alimony available during the divorce process is rehabilitative alimony and, unlike temporary alimony, rehabilitative alimony is awarded for the period after the marriage is dissolved. The purpose of rehabilitative alimony is to help the economically dependent spouse transition to single life and become self-supporting, if that is possible under the circumstances.
The duration and amount of rehabilitative alimony varies from case to case and the ultimate decision rests on a trial judge-who has a great deal of latitude in making these determinations. Although rehabilitative alimony is a subject of great uncertainty in many family law matters, Maryland's Family Law Article requires the Circuit Court to consider the following factors when adjudicating rehabilitative alimony.'
How Does Rehabilitative Alimony Work In Baltimore & Towson?
- Rehabilitative Alimony is awarded (or denied) at the divorce trial.
- Purpose of rehabilitative alimony is to allow dependent spouse to become self-supporting.
- Sometimes lasts until dependent spouse completes educational program.
- Generally terminates upon remarriage.
- Vocational experts can provide critical testimony about what somebody is capable of earning (and what is not possible).
Factors That Towson Judges Use To Award Rehabilitative Alimony.
The Maryland Code, Family Law Article §11-106 establishes the following criteria for the judge to determine whether to award rehabilitative alimony, how much, for for how long:
- The ability of the party seeking alimony to be wholly or partly self-supporting;
- The time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment;
- The standard of living that the parties established during their marriage;
- The duration of the marriage;
- The contributions, monetary and non-monetary, of each party to the well-being of the family;
- The circumstances that contributed to the estrangement of the parties;
- The age of each party;
- The physical and mental condition of each party;
- The ability of the party from whom alimony is sought to meet that party's needs while meeting the needs of the party seeking alimony;
- Any agreement between the parties;
- The financial needs and financial resources of each party, including:
- All income and assets, including property that does not produce income;
- Any award made under §§ 8-205 and 8-208 of this article;
- The nature and amount of the financial obligations of each party; and
- the right of each party to receive retirement benefits; and
- Whether the award would cause a spouse who is a resident of a related institution as defined in § 19-301 of the Health-General Article and from whom alimony is sought to become eligible for medical assistance earlier than would otherwise occur.
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