Monday, August 04, 2008

Marriage Type Relationship Affecting Alimony in a Maryland Divorce

As we see in Whittington v. Whittington 172 Md.App. 317, 914 A.2d 212 Md.App.,2007 living in marriage type relationship is a factor the court can consider in modifying a post divorce award of alimony to the financially dependant spouse. So how does the Maryland divorce court define marriage type relationship see Fisher v. Fisher75 Md.App. 193, 540 A.2d 1165Md.App.,1988 although there is obviously no single mold into which all marriages (and therefore all “marriage-type relationships”) will fit, we think that the term envisions at least the normally accepted attributes of a marriage-a common residence which each party regards as his or her home, a common household to which each contributes, and a personal relationship that is more than casual and has significant meaning to each. These things are measured, of course, by living arrangements, by shared assets and expenses, and by how the parties and the community view their relationship.

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