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Baltimore County Lawyer Discusses Alimony In Shorter Marriages.

Written by Amar Weisman » August 24, 2016 »

Baltimore Alimony Lawyer's Professional Experience and Observations

There are always exceptions, but based on my knowledge and experience I consider alimony difficult to obtain in shorter marriages. Many blame the challenge in obtaining alimony in shorter marriages to a vague "national trend." I think the reason is simpler and closer to home: Judges apply the factors articulated in MD Family Law Article §11-106(b) to decide whether to award alimony and those factors weight against alimony candidates who are younger people in shorter marriages. Consider:

HOW §11-106(b) FACTORS MAKE OBTAINING ALIMONY HARDER FOR YOUNGER PEOPLE IN SHORTER MARRIAGES
Factor that §11-106(b) tells the judge to apply when deciding alimony. Why This Factor Does Not Help Younger People Ending Shorter Marriages
(1) Can the alimony candidate wholly/partially support him/herself.
  • Young people can help themselves
  • It is easier for younger people to go to school, learn things, and better themselves.
  • Alimony is a last resort for older people who have fewer option, if any.
(2) How quickly can the alimony candidate get through school and make more money?
  • Young people have more energy, more technical skills, and more energy.
  • They can finish school faster, succeed in the workplace faster.
  • Therefore, young people who need alimony may not need it for that long.
(3) The standard of living that the parties established during their marriage;
  • Alimony is all about maintaining a high standard of living that is otherwise unavailable
  • Young people in shorter marriages may have not yet obtained the kind of lifestyle alimony is designed to protect.
(4) The DURATION of the marriage
  • This factor is explicit and highly relevant.
  • It tells the judge to disfavor alimony for short marriages.
(5) the contributions, monetary and nonmonetary, of each party to the well-being of the family;
  • Alimony compensates dependent spouses who have sacrificed a lot for the sake of the marriage.
  • Includes both money and speak equity.
  • However, younger people in shorter marriages have not had the time to sacrifice that much.
(6) the circumstances that contributed to the estrangement of the parties;
  • This factor is not applicable to this discussion.
(7) the age of each party;
  • Basically says alimony is not for the young.
  • The idea: alimony is not a default, it's a last resort.
  • The older you are, the fewer options you have.
(8) the physical and mental condition of each party.
  • People with physical/mental problems and better candidates for alimony
  • Physical/Mental impairments make going back to school harder.
  • Physical/Mental impairment make it harder to prosper at work.
  • Young people in shorter marriages can use their body and bind to acquire wealth and independence.

 

Other Components of Alimony Evaluation

Currently under the law, there is no set length of time for which alimony may last -- courts can order spousal support for a fixed amount of time or for an indefinite amount of time. Indefinite alimony can be granted in cases in which the individual seeking support cannot reasonably be expected to become self-supporting due to his or her age, illness or disability.

Alternatively, even if the individual seeking support does make substantial progress toward becoming self-supporting, an indefinite award can still be granted if the parting individuals’ standards of living will be “unconscionably” different.

Whether an award specifies a length of time or an indefinite amount of time, alimony can always be changed as necessary in the interest of justice (based on the circumstances).

Call (410) 321-4994 For a Free Consultation

Call The Law Offices of Amar S. Weisman at (410) 321-4994 to schedule a Free Consultation. The Purpose of the consultation is to determine whether you want to retain this law firm as your Baltimore County & Harford County Family Lawyer. If you do wish to proceed, then you must pay a retainer. See Our Policy on Fees and Costs. The family firm is located next to The Circuit Court for Baltimore County, at 1018 Dulaney Valley Road, Towson, MD 21204.

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