What are the Financial Responsibilities When Domestic Partners Divorce?
Full Question:
Answer:
Alimony may be awarded to either spouse. In making a determination as to the amount and period of alimony, the court may consider the following factors:
1. The ability of the party seeking alimony to be wholly or partly self-supporting;
2. The time necessary for the party seeking alimony to gain sufficient knowledge or training to find suitable employment;
3. The standard of living of the parties established during the marriage;
4. The duration of the marriage;
5. The contributions of each party to the well-being of the family;
6. The circumstances of the demise of the relationship;
7. The age, physical and mental condition of each party;
8. Any agreement between the parties;
9. The financial needs and resources of the parties;
10. Any other relevant factor.
Maryland is an equitable distribution state in which the court will divide the marital property between the parties as the court deems equitable and just, after setting aside to each spouse that party’s separate property. Factors the court will consider in distributing the marital property between the parties include:
1. The contribution of each party to the family’s well-being;
2. The value of each party’s property interests;
3. The economic circumstances of each party;
4. The duration of the marriage;
5. The age, physical and mental condition of each party;
6. Any other factor the court deems relevant and just.
Maryland has enacted child support guidelines which establish the presumptive correct amount of child support. This presumption may be rebutted by evidence that the application of the guidelines would be unjust or inappropriate under the circumstances. If the court determines that application of the guidelines would be unjust or inappropriate, the court shall make a written finding on the record stating the reasons for deviating from the guidelines and stating what the amount would have been under the guidelines.
Please see the following MD statutes to determine applicability:
§ 8-208 FAM. LAW. Award of family home or family use personal property;
required considerations; allocation of financial responsibilities.
(a) Award of possession and use. —
(1) When the court grants an
annulment or a limited or absolute divorce, regardless of how the family
home or family use personal property is titled, owned, or leased, the
court may:
(i) decide that 1 of the parties shall have the sole possession and
use of that property; or
(ii) divide the possession and use of the property between
the parties.
(2) The court may exercise these powers pendente lite.
(b) Required considerations. — In awarding the possession and use
of the family home and family use personal property, the court shall
consider each of the following factors:
(1) the best interests of any child;
(2) the interest of each party in continuing:
(i) to use the family use personal property or any part of it, or
to occupy or use the family home or any part of it as a dwelling place;
or
(ii) to use the family use personal property or any part of
it, or to occupy or use the family home or any part of it for the
production of income; and
(3) any hardship imposed on the party whose interest in the family
home or family use personal property is infringed on by an order issued
under §§ 8-207 through 8-213 of this subtitle.
(c) Allocation of financial responsibilities. — The court may order or
decree that either or both of the parties pay all or any part of:
(1) any mortgage payments or rent;
(2) any indebtedness that is related to the property;
(3) the cost of maintenance, insurance, assessments, and taxes; or
(4) any similar expenses in connection with the property.
(d) Effect of award of sole possession and use. — An order giving
a party the sole possession and use of the family home under
subsection (a) of this section does not affect the right of the other party to claim
the family home as that party's principal residence for tax purposes.
§ 8-209 FAM. LAW. Order or decree governing family home, family use
personal property, subject to power of court.
In a temporary or final order or decree, each provision that concerns
the family home or family use personal property is subject, as the
circumstances and justice may require, to:
(1) the terms and conditions that the court sets;
(2) the time limits that the court sets, subject to § 8-210 of this
subtitle; and
(3) modification or dissolution by the court.
§ 8-210 FAM. LAW. Termination of order or decree governing family
home or family use personal property.
(a) Time limitation. —
(1) In any order or decree, or any modification
of an order or decree, a provision that concerns the family home or
family use personal property shall terminate no later than 3 years after
the date on which the court grants an annulment or a limited or absolute
divorce.
(2) The 3-year limitation set out in paragraph (1) of this
subsection applies to a limited divorce notwithstanding the subsequent granting of an
absolute divorce.
(b) Remarriage of party with possession or use of property. — Subject
to the provisions of subsection (a) of this section, in any order or
decree, or any modification of an order or decree, a provision that
concerns the family home or family use personal property shall terminate
when the party with the possession or use of the property remarries.
(c) Treatment of property. — When a provision that concerns the family
home or family use personal property terminates, the court shall treat
the property as marital property if the property qualifies as marital
property, and adjust the equities and rights of the parties concerning the
property as set out in § 8-205 of this subtitle.