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INDEFINITE ALIMONY IN MARYLAND LAW

Fam.Law Art., § 11-106(c)

The court may award alimony for an indefinite period, if the court finds that:

(1) due to age, illness, infirmity, or disability, the party seeking alimony cannot reasonably be expected to make substantial   progress toward becoming self-supporting;  or

(2) even after the party seeking alimony will have made as much progress toward becoming self-supporting as can reasonably be expected, the respective standards of living of the parties will be “unconscionably disparate”. (see Long v. Long 743 A.2d 281 (2000) (see Ware 748 A2d. 1031 (2000). ‘unconscionable disparity”  requires a projection into the future, based on the evidence to a point when maximum progress is made toward self sufficiency and when this can be expected, when we arrive here look at income disparity as an element. Reduce the incomes to a percentage also look at the assets behind the income then ask is this equitably unconscionable. It is a case by case factual determination however, usually 37% difference has been held equitably unconscionable.

 
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This site was last updated 08/12/07