Thursday, May 02, 2013

Marrage Type Relationship and Effect on Alimony in Divorce in Maryland

As we see in Whittington v. Whittington 172 Md.App. 317, 914 A.2d 212 Md.App.,2007 living in a marriage type relationship post divorce is a factor the court can consider in modifying alimony. So how does Maryland divorce law define a marriage type relationship. See Fisher v. Fisher75 Md.App. 193, 540 A.2d 1165Md.App.,1988. There the court determined this was not a marriage type relationship and further stated 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.

No comments: