Am I entitled to get alimony, if I am jobless and the physical condition prevents me from doing a job?
Full Question:
I reside in Maryland. I had filed a petition for divorce and alimony. I am jobless and the physical condition prevents me from doing a job. Am I entitled to get alimony?
01/12/2017 |
Category: Divorce ยป Alimony |
State: Maryland |
#29985
Answer:
“Award -- In general
(a) Where available. -- The court may award alimony:
(1) on a bill of complaint for alimony; or
(2) as a part of a decree that grants:
(i) an annulment;
(ii) a limited divorce; or
(iii) an absolute divorce.
(b) Award to either party. -- The court may award alimony to either party.
(c) Effect of agreement. -- If a final disposition as to alimony has been made in an agreement between the parties, the court is bound by that agreement as the agreement relates to alimony.
***”
Md. FAMILY LAW Code Ann. § 11-106 provides the factors that court consider while determining the amount of alimony. It reads as follows:
“***
(b) In making the determination, the court shall consider all the factors necessary for a fair and equitable award, including:
(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 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 the family;
(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 alimony is sought to meet that party’s needs while meeting the needs of the party seeking alimony;
(10) any agreement between the parties;
(11) the financial needs and financial resources of each party, including:
(i) all income and assets, including property that does not produce income;
(ii) any award made under §§ 8-205 and 8-208 of this article;
(iii) the nature and amount of the financial obligations of each party; and
(iv) the right of each party to receive retirement benefits; and
(12) whether the award would cause a spouse who is a resident of a related institution as defined in § 19-301 of the Health - General Article and from whom alimony is sought to become eligible for medical assistance earlier than would otherwise occur.
(c) The court may award alimony for an indefinite period, if the court finds that:
(1) due to age, illness, infirmity, or disability, the party seeking alimony cannot reasonably be expected to make substantial progress toward becoming self-supporting; or
(2) even after the party seeking alimony will have made as much progress toward becoming self-supporting as can reasonably be expected, the respective standards of living of the parties will be unconscionably disparate.
In Maryland, while considering the petition for alimony, the court will consider factors necessary for a fair and equitable award, including the ability of the party seeking alimony to be wholly or partly self-supporting, the duration of the marriage etc. the provisions regarding this has been provided in Md. FAMILY LAW Code Ann. § 11-101, which reads as follows:
“Award -- In general
(a) Where available. -- The court may award alimony:
(1) on a bill of complaint for alimony; or
(2) as a part of a decree that grants:
(i) an annulment;
(ii) a limited divorce; or
(iii) an absolute divorce.
(b) Award to either party. -- The court may award alimony to either party.
(c) Effect of agreement. -- If a final disposition as to alimony has been made in an agreement between the parties, the court is bound by that agreement as the agreement relates to alimony.
***”