Alimony

Rehabilitative Versus Indefinite Alimony and the Concept of ‘Unconscionable Disparity’ in Maryland

July 17, 2023 | by Anthony A. Fatemi, LLC

One of the essential components of many divorce actions is contesting alimony. The differences between temporary alimony versus rehabilitative alimony versus indefinite alimony can be enormous, having a massive impact on both the recipient spouse and the supporting spouse. If you’re facing a dispute over alimony in your divorce case, the stakes are much too great to proceed with representation from a skilled Maryland divorce attorney.

One of the situations in which a recipient spouse can succeed in obtaining indefinite alimony is when he/she sufficiently demonstrates to the court that the difference between his/her post-divorce financial situation and that of the supporting spouse is “unconscionable” under the law.

A divorce case from Harford County represents one circumstance where unconscionability potentially existed.

The High Hurdle Involved in Overturning a Divorce Judgment in Maryland

June 16, 2023 | by Anthony A. Fatemi, LLC

Recently, a Montgomery County husband sought to defeat via appeal a divorce judgment that gave his wife a monetary award of more than $20,000 and three years of rehabilitative alimony. The wife’s success in the divorce trial — and the husband’s unsuccessful appeal thereafter — is yet another reminder of the paramount importance of having a strong presentation prepared for trial, which is one reason why a knowledgeable Maryland divorce lawyer can provide essential aid in your divorce case.

The couple married in Ethiopia in 2003. After 16 years of marriage and three children, they separated in late 2019, filing for divorce in 2020.

At trial, the husband testified that he made $60,000 as a school bus driver and an Uber driver. He also received a $91,000 small business loan in 2020. He alleged that he had $6,800 in monthly expenses, resulting in a monthly deficit of nearly $1,800.

Pursuing an Alimony Award in Maryland When Your Spouse’s Income Fluctuates Significantly Year-to-Year

May 31, 2023 | by Anthony A. Fatemi, LLC

Many people in this state make their living working jobs in which all (or most) of their earnings come from commission payments. These include insurance agents, financial advisors, brokers, real estate agents, and sales representatives. The overall annual incomes of workers paid on commission — much like the incomes of self-employed people — can fluctuate substantially and can be very challenging to prove when you’re going through a divorce and needing to seek an award of alimony. When you’re facing serious hurdles regarding proving your spouse’s income, an experienced Maryland alimony lawyer can provide essential aid.

Cases where a payor spouse is paid entirely (or predominantly) on commission — or is self-employed — are ones where figuring out that spouse’s actual “income” figure can be extraordinarily difficult.

L.Z.P. was one of those people facing these complexities in her Anne Arundel County divorce case. She earned a fixed salary while her husband was paid 100% on commission.

Spousal Bad Acts and Their Role in Strengthening Your Case for Alimony in Maryland

April 28, 2023 | by Anthony A. Fatemi, LLC

Going through a divorce is almost always a stressful time. That stress is even worse if you’re a divorcing spouse with no income and no ability to secure employment right away. When that happens to you, the law has options, such as rehabilitative alimony. A skilled Maryland divorce lawyer can help you collect and present the proof you need to get the alimony you deserve.

Earlier this month, this blog looked at a divorce situation where a spouse presented evidence of her husband’s misconduct that “contributed to the estrangement of the parties,” and parlayed that into a successful outcome regarding the monetary award the court ordered.

The case from earlier this month involved a husband who sought (and paid for) intimate pictures of women who were not his wife. While misconduct of a personal/intimate nature (such as the above example) may be what most readily comes to mind when it comes to spousal misconduct affecting the outcome of your divorce judgment, the alimony case we highlight today shows that there is actually a variety of spousal bad actions that can strengthen your divorce case.

Contempt of Court and Who Has (and Who Doesn’t Have) a Right of Appeal in a Maryland Unpaid Alimony Dispute

January 31, 2023 | by Anthony A. Fatemi, LLC

If you have an alimony obligation and your ex-spouse is seeking to have you held in contempt of court, this is a very serious matter that you should treat accordingly. If a court declares you in contempt, you could be ordered to pay fines or even jailed. This requires serious countermeasures, including retaining the services of an experienced Maryland family law attorney.

P.R. was a Montgomery County husband facing that type of potential legal consequence. He and his wife divorced in May 2017. Three months prior, the spouses signed a marital settlement agreement that called for the husband to pay the wife non-modifiable alimony for a period of 10 years.

In 2020, the spouses became embroiled in a dispute over $6,350 in court-ordered attorney’s fees that the wife owed the husband. The husband took that $6,350 out of his alimony payments over a period of nine months.

Pursuing a Finding of Contempt of Court in Maryland When Your Ex-Spouse Has Not Met Their Alimony Obligation

January 17, 2023 | by Anthony A. Fatemi, LLC

Unpaid alimony matters are intensely fact-driven, meaning that your case can be much more successful if your judge has all the facts and is presented with all the circumstances regarding your ex-spouse’s non-compliance. If your ex-spouse isn’t living up to their alimony obligations, you can (and should) seek relief from the courts. And you should act promptly in contacting a knowledgeable Maryland unpaid alimony lawyer about protecting your rights.

The alimony case of F.S. and S.M. was a dispute that involved a large sum of unpaid alimony. The spouses, who divorced after 30 years of marriage, worked out a property settlement agreement that included an alimony provision. The agreement set the initial alimony amount at $1,500 but said that, if the wife no longer lived in the marital home, the amount of alimony was $3,250 per month.

The wife moved out in September 2016.

In December 2019, the wife asked the court to find the husband in contempt because he had not paid his alimony. Before the trial judge, the husband argued that he never agreed to anything regarding alimony in the separation agreement. After the hearing, the court concluded that the husband was in contempt, having never paid any alimony. The court set the husband’s unpaid alimony amount at $130,750.

Adulterous Affairs, Dissipation of Marital Assets, and Equitable Distribution in a Maryland Divorce

December 30, 2022 | by Anthony A. Fatemi, LLC

One of the more painful experiences a spouse can endure is to devote years — or even decades — to a marriage only to discover that your spouse has not been as faithful to you as you’ve been to them. While heartbreaking and sometimes infuriating, your spouse’s infidelity won’t always have much of an impact on the outcome of your divorce… but sometimes it will affect that outcome in a major way. To determine your rights and options if your spouse has been cheating, you need to speak to a knowledgeable Maryland divorce lawyer.

Maryland is one of the states that recognizes both no-fault divorce and at-fault divorce. One of the grounds for absolute divorce under Maryland law is adultery. Even in a case of a divorce on the ground of adultery, that affair may not “move the needle” much in terms of the financial aspects of the court’s judgment. So, if an adulterous spouse is someone who earns only minimal income with few economic opportunities and little chance of becoming self-supporting and the “innocent” spouse has substantial wealth and income, the adulterous spouse may still be entitled to alimony and/or a monetary award, even if the infidelity was the reasons for the marriage’s breakdown.

There’s one scenario, however, where a spouse’s extramarital affair(s) can have a huge impact on those financial elements of divorce, and that circumstance was illustrated in a recent divorce case originating here in Montgomery County.

What Does — and Doesn’t — Qualify as an ‘Unconscionable’ Income Disparity in a Maryland Alimony Dispute

November 30, 2022 | by Anthony A. Fatemi, LLC

In some states — like Florida, for example — permanent (a/k/a indefinite) alimony is the default for marriages of a certain duration. By contrast, a spouse seeking indefinite alimony in Maryland must prove certain factors unrelated to the duration of the marriage to obtain that kind of award from the court. Those standards can be enormously helpful if you’re opposing your spouse’s request for indefinite alimony, but you should never take anything for granted in your divorce case. Instead, ensure that you’re protected by retaining an experienced Maryland divorce lawyer to handle your alimony matter.

In Maryland, a trial court may award a divorcing spouse indefinite alimony only if the judge finds that “due to age, illness, infirmity, or disability, the party seeking alimony cannot reasonably be expected to make substantial progress toward becoming self-supporting” or that, even after the spouse seeking alimony made the maximum amount of progress toward becoming self-supporting “as can reasonably be expected,” the spouses’ “respective standards of living… will be unconscionably disparate.”

In one Montgomery County couple’s alimony dispute, the husband emerged successful because the wife failed to clear either of these hurdles.

How Avoiding Procedural ‘Missteps’ Can Be Critical to Success in Your Maryland Divorce Litigation

October 17, 2022 | by Anthony A. Fatemi, LLC

In a very recent case opinion announced by the Court of Special Appeals, the court wrote that “[s]ometimes one misstep early in a case can have repercussion for the rest of the case.” Those kinds of damaging missteps can include, among other things, failing to comply with all the pretrial deadlines the trial court sets. Whether it is managing deadlines, accumulating evidence, securing expert witnesses, or tending to any of the other essential “details” that go into a successful family law case, make sure you’ve retained the services of an experienced Maryland divorce lawyer to handle your matter.

These things may sound small, but a shortcoming — even just a single one — potentially can have massively harmful results, as a recent Montgomery County case demonstrates.

R.Z. and D.Z. were parents going through a child custody case. In any kind of civil case in Maryland, all parties will receive something called a “scheduling order.” This is an order that sets various dates and deadlines, like the trial date, pre-trial conference date, discovery deadlines, and so forth. One of the things generally included in these kinds of orders is the deadline for parties to designate their expert witnesses.

What Maryland Law Does (and Doesn’t) Require in Order for You to Receive a Reduction in Your Alimony Obligation

September 30, 2022 | by Anthony A. Fatemi, LLC

The pandemic did vast damage to many businesses, particularly ones in the service industry, like restaurants. Whatever industry you’re in, a significant downturn in your financial situation is inevitably painful. One thing that may be available to reduce some of that financial stress is a reduction of your alimony obligation based on your pandemic-triggered income loss. The law imposes certain requirements on any parent’s case to reduce his/her alimony, so you want to be sure that you’re fully prepared. Part of that includes retaining the services of a knowledgeable Maryland alimony lawyer.

Don’t be misled into thinking that the financial setback you’ve endured must be totally the result of things out of your control in order to get a reduction of your alimony payment. A recent alimony modification case from Montgomery County shows what we mean.

The husband was one of the creators of a chain of restaurants serving Mediterranean cuisine. By the time the husband divorced, the restaurant chain had locations in several states.