Legal Question in Family Law in Maryland

Spousal support

We are currently in the process of filing a seperation agreement for our upcoming divorce. I received a draft from his attorney the other day the states we have agreed to waive alimony on both parts however this is not a mutual agreement. My soon to be ex-husband was advised by his attorney that he would only have to pay alimony in the state of MD. Only if I were a student at the time of seperation would that apply. My question is, is this true? I quit my job in April of this year in an attempt to start a gift boutique that is not doing to well. I signed a year contract August where I lease my business space. He is a business partner/owner of a fairly lucrative company and my sole source of income for the last 6 months or so. I'm a in no way trying to take him to the cleaners I just need some help for maybe a year or so. I do have a part time job that pays minimal and was obtained primarily for insurance benefits. However I can't get a full time job until I make a decision a year from now if I am going to keep my store open or not. Please help any advise regarding MD laws and spousal support would be greatly appreciated.


Asked on 10/04/06, 1:36 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Spousal support

What your husband related from you about alimony is not the law. First of all, where you live has nothing to do with your entitlement to alimony. That would be determined by the laws of the state granting the divorce, and every state provides for alimony. If you cannot be self supporting due to a number of factors, including just starting out in a new business, a divorce court might well award you temporary alimony to allow you to get your business established, assuming your husband's income is such that he has the ability to provide it.

Very important rights are at stake and can be lost if you don't take steps to protect yourself now. That means getting an experienced family attorney to represent you in negotiating a fair agreeement. Once that is accomplished, the divorce will go smoothly and you probably won't need an attorney for that as long as your husband is living up to it. And if you can't agree and have to fight this out in court, your lawyer can petition the court to require your husband to pay all or part of your legal fees.

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Answered on 10/04/06, 3:16 pm


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