Fathers facing a divorce have much to consider, from child custody and support payments to alimony and the division of property. Too often, men are unaware of the rights they possess to help them secure fair and appropriate compensation for their role in the family, and understanding these rights is the first step toward achieving the financial support they need after divorce.
Contrary to popular belief, men are not always responsible for paying alimony. Here is an overview of how to navigate alimony strategies for fathers in Columbia, Maryland. If you are a father going through a divorce and custody matter, this will help you achieve the most favorable outcome available in your divorce.
Working with a legal team can ensure the proper argument for your case is presented and alert you of important evidence and documentation that you may have missed.
Types of Alimony Available in Maryland
Unlike other states, which provide alimony as a broad remedy, Maryland authorizes its use only in limited situations; these are defined as rehabilitative and indefinite alimony.
Rehabilitative alimony occurs near the time of divorce when parties are first separating, and one partner may need temporary support to achieve a proper standard of living on their own.
This most commonly occurs with a stay-at-home parent who has been away from the workforce for some time and needs a temporary opportunity to return to school or find a job to support themselves after a divorce.
Rehabilitative alimony is typically assigned for a defined period deemed sufficient to allow the partner to establish themselves. Indefinite alimony is much more rare and is paid indefinitely.
This type is most common in marriages that have lasted many years or for spouses who are unable to work and support themselves due to disability, injury, or mental capacity. Indefinite alimony can only end when either party passes away, or the recipient remarries.
Strategies for Fathers to Secure Alimony
Fathers have a right to receive alimony if their situation justifies its use. However, it is important to approach the process strategically to have the best chance of securing a fair alimony judgment. Adhering to the following steps can prove to be highly beneficial.
1. Compile Evidence of Need
The court will examine multiple factors to determine who should receive alimony and how much the payments should be provided. Fathers should carefully collect all available evidence documenting their financial situation to demonstrate that their partner’s departure will significantly impact their lifestyle and well-being.
Show bank statements, credit card statements, and bills or debt balances at a minimum to provide a comprehensive financial picture. If the father is battling a health condition or other challenge that will impact finances over the long term, include evidence of this impact.
The court will also consider contributions to the marriage. Suppose one partner faces financial challenges because they dedicated all their income to marital assets that benefitted both parties. In that case, they may qualify for alimony even if their income will not leave them destitute.
2. Consider Value Trades or Lump Sum Payment
Alimony is commonly paid through balance transfers or cash, but only some consider other options. A spouse may elect to accept alternative methods of alimony payment, such as receiving the house in exchange for no further alimony compensation.
Alternatively, a party may petition the court to receive a lump sum payoff amount, which can be paid at one time with no further alimony payments required in the future. Depending on a father’s financial circumstances, this may be an appealing option.
3. Actively Negotiate and Mediate
Maryland courts can abide by an alimony agreement created by the divorcing couple. Thus, fathers must actively negotiate and seek mediation to reach an agreement before relegating the matter to the court’s decision. This often results in more favorable compensation replicating the marital quality of life following divorce.
4. Remember Non-Banking Assets
Remember to include assets beyond bank account balances when demonstrating each party’s financial situation. While two parties may earn similar amounts on paper, only one may own the home, vehicles, or retirement accounts.
This can result in an unfair alimony determination if these assets are not included in the calculation.
Seek Alimony Support from a Legal Team in Columbia, Maryland
Fathers in Columbia and throughout Maryland can seek alimony payments to support their financial wellness following a divorce. However, this process must be undertaken before the divorce is finalized.
The attorneys at Milstein Siegel can help you by presenting a compelling case for alimony support during the tumultuous divorce filing. Contact Milstein Siegel to schedule a consultation to get started.
