Legal Question in Family Law in Maryland

Re: Alimony

I wish to correct the answer I gave you yesterday regarding the tax situation. I stated incorrectly that you cannot deduct from your taxable income spousal support paid while you are still married. You can. I suggest you consult a tax attorney or a professional tax adviser regarding any apportionment of the undifferentiated family support.

Re: Alimony

I assume you are interested in designating a part of the housing cost and the undifferentiated family support as alimony for tax reasons. Alimony is reported on your federal tax return as an adjustment to your income, reducing the taxable income, and child and spousal support are not. If you are still married and ordered to pay housing costs and other financial support for your wife and children, none of it is alimony.

Your question indicates that the order is temporary, pending a final order at the time of divorce. If you do not already have an attorney, I urge you to get one who will adequately represent you in matters such as the disposition of marital property and a determination of alimony. Alimony is rarely ordered in divorce cases in Maryland since the state enacted an equal rights amendment. It may be appropriate if your income and your wife's are "unconscionably disparate," meaning that your income is, after the calculation and payment of child support, at least three times that of your wife. Temporary "rehabilitative" alimony may be ordered if your wife is not now capable of being self-suppporting but wishes to get training and work experience to become self-supporting. If she is disabled and incapable of supporting herself even with

training, that might be a basis for alimony.

As for the house expenses, if the house is titled to you and your wife, the expenses are part of family support and are also payments which protect property which you maintain an interest in. What happens to the property should be all sorted out at the time of the divorce.