This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Maryland Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse
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How to fill out Affidavit Of Defendant Spouse In Support Of Motion To Amend Or Strike Alimony Provisions Of Divorce Decree Because Of Cohabitation By Dependent Spouse?
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FAQ
The new law is ELIMINATING six grounds for divorce, including Adultery, Desertion, Criminal Convictions, 12 month separation, Insanity and Cruelty of Treatment or excessively vicious conduct towards a spouse and/or child.
In Maryland, it is only awarded in very limited circumstances and only if: 1) it is unlikely the receiving spouse will ever become self-supporting through further education and/or training or 2) Rehabilitative alimony will result in an unconscionable disparity in the respective living standards of the parties.
A: To request a modification of alimony, consult a family law attorney to understand your options and prepare a motion. File the motion with the court and serve notice to the other party. Present your case at the court hearing, providing evidence supporting the need for modification.
As mentioned above, there is no alimony calculator in Maryland. However, Judges will weigh a combination of need and circumstance, based on a series of components outlined in the law, when calculating alimony in Maryland. In nearly all cases, alimony in Maryland is presumed to be temporary and rehabilitative.
You may receive indefinite alimony if (because of your age, an illness, or a disability) you cannot (1) make reasonable progress toward supporting yourself or (2) even if you can make reasonable progress; your ex-spouse's standard of living is "unconscionably disparate" from yours.
For instance, if you and your spouse receive an equal share of the real property funds, the court is unlikely to grant you alimony. Additionally, whether you receive alimony also depends on your age, the length of your marriage, and whether the court would consider you self-supporting, among other factors.
Factors Considered by the Court The court will consider the age and health of each spouse, the length of the marriage, and the reasons the marriage ended. It will also look at each spouses' contributions to the family. This includes monetary and non-monetary contributions.