Everything You Need to Know About What Is a Wife Entitled to In a Maryland Divorce
Individuals going through a divorce may need help understanding how assets will be divided. Here is everything you need to know about what a wife is entitled to in a Maryland divorce.
In Maryland, what each spouse is entitled to varies based on financial situation and duration of the marriage. Understanding divorce laws in Maryland can help those going through the process receive the best outcome for their situation.
Are Individuals Guaranteed Alimony?
Individuals in Maryland are not guaranteed alimony from their spouses. However, there are many cases where spousal maintenance is granted. A wife can obtain different types of alimony depending on the duration of her marriage as well as her financial status at the time of divorce.
What Are the Different Types of Alimony?
Listed below are the different types of spousal maintenance available for individuals going through a divorce:
- Temporary alimony, where payments occur during the separation process
- Rehabilitative alimony, which is given to the lesser earning spouse for the period necessary for them to find a job
- Permanent alimony, which is given to the lesser earning spouse until the death of either party or the remarriage of the recipient
- Reimbursement alimony, which is given as a reimbursement for expenses incurred by a spouse during the marriage
- Lump sum alimony, which is an amount agreed on or all at once and eliminates future financial dependence from an ex-partner
The type of salmon an individual receives is dependent on the duration of the marriage as well as each spouse’s financial situation. In most cases, the court attempts to allocate alimony in a way to make both spouses financially stable.
How is Child Custody Determined After a Divorce in Maryland?
There is no pre-determined way to decide on child custody in Maryland. Child custody can either be determined by both parents collaborating on a system, or if they can not reach an agreement, the court may decide for the parents. Maryland aims to divide child custody in the best interest of the child in these situations. This can mean joint or sole custody. Sole custody is when one parent has sole decision-making authority over their child’s life and joint custody is when the authority is divided by both parents. Joint custody does not have to be 50/50 and can vary on other factors such as who contributes more financially to the child. The parent with sole custody may also be able to claim child support payments in certain situations. Some factors that the court might make child custody decisions on include:
- The wishes of the child
- The connection the child has with each parent
- Location of each parent
- The ability of either parent to care for the child
- The child’s ties to their home, school, and community
Does Fault Change How Much an Individual is Entitled To?
In Maryland, a couple can divorce based on fault or no-fault laws. Faults ground in Maryland include:
- Conviction of certain crimes
- Excessively vicious conduct
Couples in Maryland can also go through a no-fault divorce as long as they have been living separately for at least a year. In most cases, what a spouse is eligible to receive is based on final status and the duration of the marriage. However, because Maryland still has divorce with fault laws, there may be cases in which the at-fault party would not be eligible to receive benefits. To better understand how much an individual may be entitled to, reach out to Her Lawyer.