A party may be entitled to receive alimony during the pendency of the divorce case, which is called pendente lite alimony. The rationale behind pendente lite alimony is that a spouse in need of support may not be able to wait to receive support from the other spouse while the parties are waiting for the final divorce trial, which could take a year or more from the date of initial filing with the court. If you do not have the ability to pay for your reasonable living expenses while you are waiting for the final divorce trial and your spouse is able to financially contribute to assist you with your living expenses, you could obtain a court order for pendente lite alimony.

The primary factor in deciding post-divorce alimony is the parties’ income and respective financial condition, although there are a number of other factors that could come into play. Unless the parties reach an agreement, a party requesting alimony must prove that he or she is entitled to receiving alimony under the law. In Maryland, alimony is either “rehabilitative” or “indefinite.” Rehabilitative alimony is intended to be a short-term measure after the parties’ divorce that would provide the spouse receiving alimony the time and opportunity to become self-sufficient. Rehabilitative alimony is for a fixed period within which the spouse receiving alimony is expected to become self-sufficient. Indefinite alimony is usually reserved for longer term marriages where one spouse has been financially dependent on the other spouse. Indefinite alimony continues until the death of one of the parties, until the party receiving alimony marries, or until the parties’ income and/or financial condition materially changes so that alimony is no longer necessary or should be reduced. Contact our Maryland divorce lawyers for an appointment if you would like additional information or are seeking experienced, aggressive representation in your divorce case.

Maryland is an equitable property State, which means that all marital property is divided equitably and fairly between the spouses. Marital property is any and all properties that have been acquired by either or both parties during their marriage regardless of how they are titled. Any property that was acquired by either spouse during their marriage is presumed to be marital property. Pre-marital property, gifts, inheritance, and property that can be traced to such assets are not subject to equitable division under the Maryland law. Most common examples of marital property include, but are not limited to, the value of a business or professional practice, equity in the house, pension plans and retirement accounts, automobiles, and bank accounts to the extent that they were accumulated during the marriage.

It is not uncommon for divorcing couples to decide the division of their assets with the assistance of their respective attorneys rather than litigating a divorce case and leaving it to the court’s decision. But if you are not able to reach an agreement, you can ask the court to resolve the dispute between you. Contact our Maryland divorce lawyers for an appointment if you would like additional information or are seeking experienced, aggressive representation in your divorce case.