Legal Question in Family Law in Maryland

can i still get allimony?

My husband walked out on me 7 years ago. We do have a personal agreement and he pays me child support. I am about to file for divorce. Can I get alimony? He has a new baby and the woman lives with him. What rights do we have?


Asked on 4/27/00, 4:47 pm

1 Answer from Attorneys

Carolyn Press Chung & Press. P.C.

Re: can i still get allimony?

The answer to your question depends on several facts. If your agreement contains a waiver of any claim to alimony, you probably can't. If you have significant income and can be considered self-supporting or able to support yourself, you probably can't. Maryland has an equal rights amendment to the state constitution, as a result of which there is no presumption that wives have any more right to alimony than do husbands in a divorce. It is presumed that each party can be self-supporting. Alimony is awarded in cases where one party is unable, because of age, health, or some other condition, to be self-supporting or in cases where the incomes of the parties is what the court considers "unconscionably disparate," in other words one party has a very high income and the other a very low income. Temmporary, rehabilitative alimony is sometimes awarded to a spouse who has not worked outside the home and who can, with temporary support, gain some training to be self-supporting.

If you hope to be awarded alimony, you will almost certainly need an experienced family law lawyer to represent you, since the law is somewhat complicated and you will lose if you can't present convincing evidence to support every element of your claim.

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Answered on 6/12/00, 3:09 pm


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