Legal Question in Family Law in Maryland

Re: Alimony sucks

You may not have to pay alimony. This is a settlement offer which you do not have to accept.

If you are not represented by an attorney you should have everything reviewed so that you understand your rights.

Re: Maryland Law and Alimony

Alimony is still awarded in Maryland. However, the

passage of Maryland's Equal Rights Amendment has curtailed

the situations in which it is granted. Many factors go into a

determination by the Court to award alimony. Factors such as

standard of life, disparity with income, age of the spouse, any disability of the spouse, and ability of the spouse to

train and seek suitable employment. Alimony may be awarded for a period which permits

the spouse to acquire training and gainful employment.

The settlement agreement is just that, an agreement. You should have the agreement reviewed by an attorney

prior to signing it. Once you sign the agreement, the terms of the agreement can be incorporated into your pending judgment of divorce.

The agreement would then be enforceable as a court order. Prior to its incorporation into the judgment, if it is incorporated at all, the agreement

can be enforced as an ordinary contract.

You are strongly advised to seek legal counsel as the matters you are facing have significant financial effect that can last for many years to come.

G. Joseph Holthaus III

(410) 799-9002

Re: Alimony sucks

Maryland has an equal rights amendment to the state constitution, which results in the elimination of almost all alimony and also results, sometimes,in alimony to a husband.

In Maryland, if a wife is healthy and capable of being self-supporting, there is generally no right to alimony; your wife has the right to ask for alimony, and you have the right not to agree. One situation in which alimony may be awarded is where one party, although self-supporting, has income and assets which the court finds to be unconscionably less than the income and assets of the other party. If your income is a million a year and your wife is capable of earning minimum wage, and particularly if you have children who spend time in each home, she very likely would be awarded some alimony. Do not sign the agreement, and do consult with an attorney, who can consider the details of your income and assets and advise you about what child support and property division the court is most likely to order in the event there is no agreement. If you can negotiate a reasonable agreement, everyone will be better off than litigating those issues.