Spousal support is an area that people often have many questions and concerns about in a divorce. Spousal support is not involved in every divorce case; however, it is something that many divorcing couples in Maryland ask about and consider, especially if one party was the majority earner in a marriage. Here are some of the factors that may be considered when determining whether spousal support is relevant to explore for someone choosing to end their marriage:
- How long the couple was married?
- What standard of living did the couple have while married? Courts typically try to maintain the standard of living while married for both parties as much as possible by spreading financial means in a manner so that one party is not left with significantly less than he or she had during the marriage while the other has a lifestyle increase.
- How many assets are owned by each spouse? This can include both separate property as well as marital property that they were awarded in the divorce.
- What is the income-earning ability of both parties, including factors like current employment, employment history, education and age?
- Were any career sacrifices made during the marriage due to household responsibilities?
Spousal support negotiations can be simpler for couples who have made a prenuptial agreement; however, courts will need to deem such an agreement as fair and not overly one-sided in order for it to stand in a divorce. Other details of the divorce, such as responsibility for shared children and the awarding of marital property, may also play into the decision. Because of this, spousal support is often one of the later determinations in a divorce agreement. Individuals with questions or concerns about spousal support in their own case could benefit by speaking with an experienced Maryland divorce attorney.
