The decision to end your marriage could mean taking a few steps back in your life – sometimes for the better. When that happens, you will likely need time to think through things. This is because when one door closes, another one opens.
This could be your best chance to rethink your life and maybe pursue that dream career. Or, maybe, you may want to look around for a job opportunity or anything else you want to accomplish now that you are no longer married.
The same applies if you have a certain medical condition that makes it impossible or difficult for you to take care of yourself after divorce. All these are valid grounds for applying for spousal support.
However, even with a valid reason for filing a petition for spousal support, the process is never straightforward; you will likely bump into numerous hurdles. That’s where our team of spousal support attorneys at Divorce With a Plan come in to streamline the process.
Contact us today to schedule a consultation and take the first step towards a brighter future.
What Our Clients Say
What is Spousal Support?
Also known as alimony, spousal support is the court-ordered payment from one spouse to another after a separation or divorce. The more financially stable partner usually makes this payment to the one who’s not as self-sufficient. The whole point of paying spousal support is to assist the other spouse in adjusting to their new living situation and provide an opportunity to become self-sufficient.
What Does a Montgomery County Spousal Support Attorney Do?
After ending your marriage, you will likely not know what to do next. For instance, if you used to be a stay-at-home mom, you would need time to adjust to the new changes. But despite that, you will still need to pay your bills, buy food, and other basic needs in your life.
A spousal support attorney can help you understand how this process works. This attorney can help you understand your rights and how to use them to your advantage. They know what you may be entitled to as spousal support after the termination of a marriage and how long you’ll need support.
This is because Montgomery County spousal support lawyers are familiar with how the law works in this county and throughout the state. For this reason, they can help you navigate complex processes to your advantage when you decide to end your marriage.
The issue of whether you are eligible for spousal support or how much you are entitled to depends on the facts of the case. For this reason, an experienced spousal support attorney can evaluate your case and explain what to expect when you file this petition.
Seasoned attorneys also understand how the court processes work. If the spousal support matter goes to court, they know what the judge looks for in these cases before a ruling.
Therefore, you can count on the courtroom experience of these attorneys to fight for your best interests (if the case goes to court).
A spousal support attorney comes in between you and your former partner, shielding you from abuse, manipulation, and threats. This is especially important if you have a nasty divorce, and the other partner is unwilling to cooperate or wants to exert revenge against you. When that happens, you may be tempted to give up your rights just to end all the pain, suffering, and drama.
But that is not how things work. An experienced attorney can help stand up against bullies while fighting for your best interests.
Important Laws Regarding Spousal Support in Montgomery County, Maryland
Family laws in Montgomery County do not require a spouse to pay spousal support after a divorce or separation. The only time such payment might be required is when the court orders it.
Both parties (the divorcing couples) can agree to any amount they find reasonable as spousal support payment. However, the Circuit Court reserves the right to modify the amount unless the agreement explicitly states that the court should not change it.
It is also important to note that one spouse might receive spousal support even before the divorce or separation is finalized. Specifically, the court might award them with an alimony pendente lite.
Alimony pendente lite is designed to maintain the status quo throughout the divorce process. A typical divorce process takes several months to finalize. In Maryland, this process can take anywhere between 30 to 120 days, sometimes even longer. The main purpose of alimony pendente lite is to help the spouse who is not self-sufficient take care of themselves before the divorce becomes official.
The term ‘pendente lite’ in Latin means ‘pending litigation’ – which further explains the purpose of this kind of spousal support.
Unless agreed to otherwise, spousal support in Montgomery and throughout Maryland ends when:
- either party dies;
- the recipient of spousal support marries; or
- the court orders the termination of spousal support to maintain fairness.
Spousal support laws in Montgomery are broad. Speaking with an experienced attorney will help you understand how these laws apply to your specific situation.
What Are the Types of Spousal Support in Montgomery County?
Alimony Pendente Lite
– awarded to help support a dependent spouse until when the divorce is in progress.
Temporary Alimony
– the most common type of alimony. It is usually awarded to a dependent spouse to help support them until certain conditions are met, such as graduation, securing a job, etc.
Indefinite Alimony
– this form of spousal support is quite rare. As the name suggests, indefinite spousal support does not have a defined ending. It is usually awarded to a dependent spouse who cannot take care of themselves at all. A good example is a spouse battling a serious medical condition that prevents them from ever seeking employment.
How Do Courts Determine Eligibility for Alimony in Montgomery County?
When determining eligibility for alimony in Montgomery County, the court looks at different factors. They include but are not limited to:
- The ability of the individual seeking spousal support to be fully or partly self-supporting
- How long it would take for the party seeking spousal support to be self-supporting
- How long the two parties had been married
- The standards of living the two parties had established during their marriage to each other
- The mental and physical condition of each party
- The financial needs of each party, such as their income, assets, investments, etc
- The reason for divorce
- The age of the individual paying spousal support
Under What Circumstances Will Spousal Support Be Ordered in Montgomery County?
In most cases, a court will order spousal support when one party files a petition with the court with such an order, and the court determines that it is reasonable to do so.
For example, if the spouse petitioning for support is not self-sufficient, the court considers this a valid reason.
Can Spousal Support Be Modified or Terminated?
Yes, spousal support can be modified and terminated. As mentioned earlier, the dependent spouse loses their right to spousal support when they become self-sufficient, remarries, or if the court determines that ending their spousal support is the most reasonable thing to do.
For example, if the party paying support also pays for a mortgage for the spouse, the court might rule that it is not fair for the dependent spouse to demand alimony as well, especially if the paying spouse cannot afford it.
All in all, spousal support orders are not written in stone. The court reserves the freedom to modify it as it deems fit.
If you believe that you are paying spousal support unfairly, an experienced spousal support attorney can help convince the judge to change the terms of the order. Similarly, if you feel that you are not receiving enough spousal support from your ex-spouse, you may also petition the court, through the help of an attorney, to revise the order.
How a Spousal Support Attorney From Divorce With a Plan Can Help You
When looking for a spousal support lawyer in Montgomery County, your search ends with us. This is because we are a family law firm with a plan. We believe each case deserves a unique approach, and that is exactly what we do.
Although spousal support cases are usually contentious, we strive to find common-sense solutions to such problems. And because we plan everything we do, our attorneys know when to fight and when to negotiate.
As a law firm, we do not fight the other party because it’s part of litigation, nor do we settle because we want to close the case and move on to the next. We are not one of those law firms that are more after personal glorification than actually helping their clients achieve favorable results.
Rather, we believe that victory in these cases comes when our client’s best interests are met, covering both their short-term and long-term future.
Additionally, when you choose to work with us, you will rest assured that you have a team of experienced attorneys fighting for your best interests.
Frequently Asked Questions
Am I automatically entitled to spousal support after divorce?
Not necessarily. Spousal support is not guaranteed in every case. The court will look at many factors, including your financial situation, your ability to support yourself, and the circumstances of your marriage.
How long does spousal support last in Montgomery County?
It depends on the type of support ordered. Some support is temporary, meant to help you get back on your feet, while other types may continue for a longer period if your situation calls for it.
Can I receive spousal support before the divorce is final?
Yes, the court may award temporary support—called alimony pendente lite—while the divorce is still in progress. This is to help you maintain your standard of living during the legal process.
Can I ask for more support if my situation changes?
Yes. If your financial needs increase or your income changes, you can ask the court to review and possibly modify the order.
What happens if I remarry?
In most cases, spousal support ends when the person receiving the support remarries. The same can apply if either person passes away or if the court decides that continued support is no longer fair.
Do I need a lawyer to ask for spousal support?
You’re not required to have one, but working with a lawyer can help you better understand your rights, gather what you need for your case, and make sure your voice is heard in court.
Contact Divorce With a Plan Today to Plan and Protect Your Financial Future
If you need help with spousal support issues, call us to schedule a consultation. Our family lawyers service clients all over Montgomery County, including Rockville, Gaithersburg, Bethesda, Silver Spring, Germantown, Potomac, Olney, Takoma Park, Clarksburg, Chevy Chase, Kensington, and the surrounding areas.
Call us right away to learn how we’ve helped clients just like you.
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