Tuesday, January 07, 2014

Alimony in a Divorce in Maryland


In Maryland it is the "policy of the State to limit alimony, where appropriate, to a definite term in order to provide each party with an incentive to become fully self ­supporting." Turner v. Turner, 147 Md. App. 350, 387 (2002). Section 11-106(b) of the Family Law Article of the Maryland Code sets forth twelve (12) factors that a trial court must consider in determining an award of alimony. Although a trial court must consider all the statutory factors listed in F.L. § 11-106(b), it "need not use formulaic language or articulate every reason for its decision with respect to each factor. Rather, the court must clearly indicate that it has considered all the factors." Digges v. Digges, 126 Md. App. 361, 387 (1999).
In examining the trial court's award of alimony, a reviewing court "will not disturb an alimony award unless the trial court has arbitrarily exercised its discretion or its judgment was otherwise wrong." Long v. Long, 129 Md. App. 554, 581 (2000). Reviewing courts are to "accord great deference to the findings and judgments of trial judges, sitting in their equitable capacity, when conducting divorce proceedings," Id
These factors include: (1) the ability of the party seeking alimony to be wholly or partially self­ supporting; (2) the time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment; (3) the standard of living that the parties established during their marriage; (4) the duration of the marriage; (5) the contributions, monetary and nonmonetary, of each party to the well-being of flip faintly; (6) the circumstances that contributed to the estrangement of the parties; (7) the age of each party; (8) the physical and mental condition of each party; (9) the ability of the party from whom a11uiony Is sought to meet that party's needs while meeting the needs of the party seeking alimony; (10) any agreement between the parties; and (11) the financial needs and financial resources of each party, including:(i) all income and assets, including property that does not produce income; (it) any (monetary] award made ...; (iii) the nature and amount of the financial obligations of each party; and (iv) the right of each party to receive retirement benefits.,.