Married couples that are going through a divorce often find themselves under large amounts of stress. Understanding what’s involved in divorce proceedings can help to remove some of it, making the entire process easier. Read on to find out more about Spousal Support Law in Frederick to get started.
Coming to Agreement
The laws governing spousal support in Maryland are fairly lax. Partners going through a divorce have two options: settling outside of court or relying on a judge to make a ruling regarding spousal support terms.
How Judges Estimate Spousal Support
Because there is no official formula for calculating spousal support in Maryland, most judges rely on the calculation formula laid out by the American Academy of Matrimonial Lawyers. The formula used is 30% of the supporter’s gross income minus 20% of the supported party’s gross income. The total income of the spouse receiving support including both their gross income and their spousal support payments cannot be more than 40% of the combined income of both partners.
Types of Spousal Support
There are two types of spousal support in Maryland. These are rehabilitative maintenance and permanent, or indefinite, maintenance. The primary difference between rehabilitative maintenance and permanent maintenance is that rehabilitative maintenance is used on a temporary basis to allow the spouse was receiving support to become financially stable, while permanent maintenance is intended for spouses whose ability to work or standard of living is undeniably different from the spouse paying support.
Other Factors
There are a few other factors that judges consider when determining support payments. These include the standard of living maintained during the marriage, the contributions made by each partner to the family over the course of the marriage, the financial resources available to each partner, and both partner’s abilities to support themselves. Health, age and the presence or absence of physical or mental handicaps must all be considered when determining whether or not a spouse will be able to be self-supportive after the divorce.
Get Started Today
A basic understanding of Spousal Support Law in Frederick can certainly help partners going through a divorce to understand their options. However, if the case ends up going to court, both parties should consider hiring lawyers to represent them. Visit us for more information.
