usually comprises a set dollar amount for a specific period of time. This award is intended to make the recipient self-supporting, such as going back to school to obtain further education or certification or for the time required to advance in a particular job. In the event that, after a review of the statutory factors, the court determines that the parties’ standards of living would still remain unconsciously disparate or so different from one another that the result would be unfair, it can make an award of indefinite alimony. An award of indefinite alimony usually based on the recipient party’s advanced age, poor health, and/or their education or work experience or lack thereof. For child support purposes, alimony is considered as income to the recipient spouse and is usually added to the recipient spouse’s income and deducted from the paying spouse’s income, which can affect the calculation of a party’s child support obligation. It does not have the same impact on a party’s income tax obligation. Prior to the changes in federal tax law in 2017, alimony had federal tax benefits for the spouse paying alimony. Now, for divorces after 1 January 2019, no such benefit exists. One of the main issues that pertains to alimony is its future modification and termination. Alimony awards made by a court are generally modifiable as to the amount or duration of the award. Marital settlement agreements made by the parties need to make sure to include specific language that makes the alimony award either modifiable or non-modifiable by a court as the parties wish. Failure to include language making the agreement terms non-modifiable by a court may likely have unintended consequences. Likewise, alimony awards usually terminate upon the re-marriage of the recipient spouse or the death of either party. The statute governing the termination of alimony awards does not include a provision terminating alimony upon the recipient spouse cohabiting with another individual. However, many settlement agreements may include additional language that an alimony obligation would terminate upon the cohabitation of the recipient spouse with another individual. In such cases, it is important for such language to be specific as to what is meant by the term ‘cohabitation’ and whether this cohabitation just involves the recipient spouse living with an unrelated individual or if that unrelated individual needs to be a romantic partner or is contributing to the recipient spouse’s expenses. While they are not as common, courts will enforce a properly drafted prenuptial agreement. Although a prenuptial agreement cannot address child custody or child support, it can address alimony or the waiver of the parties to a right to pursue alimony in a divorce. Like marital settlement agreements, prenuptial agreements must carefully include terms as to whether the right to receive alimony is modifiable or non-modifiable by a court at a later time and the precise terms as to the termination of a right to receive alimony. THOUGHT LEADER 71 About Thomas Stahl Thomas Stahl is Lead Attorney at the Law Offices of Thomas Stahl. His practice focuses on providing reliable and effective guidance to Maryland and DC individuals and families when contemplating divorce. Thomas’s ongoing dedication and commitment to his clients has been recognised by the Maryland Super Lawyers, American Institute of Family Law Attorneys, Best Lawyers and Lawyers of Distinction, and he currently serves as Co-Chair on the Rules of Practice Committee in the Maryland State Bar Association. About the Firm The Law Offices of Thomas Stahl are a Maryland and Washington, DC-based family law and estate planning practice. The firm’s seasoned attorneys provide full-service representation in matters related to divorce, child custody, guardianship and wills and estate planning. Contact Thomas B. Stahl Lead Attorney Law Offices of Thomas Stahl 8850 Columbia 100 Parkway, Suite 402 Columbia, MD 21045, USA Tel: +1 410-696-4326 www.tstahllaw.com
RkJQdWJsaXNoZXIy Mjk3Mzkz