Husband Appeals Decision To Grant Wife Indefinite Alimony

There are two types of alimony that the Maryland courts provide upon the granting of a Judgment of Absolute Divorce. That is rehabilitative alimony and indefinite alimony. The Maryland courts shy away from awarding a spouse indefinite alimony unless the difference between their two incomes is so pronounced that it would be unfair not to award the spouse indefinite alimony.

In one Maryland divorce case, Tracey v. Tracey, the wife was awarded indefinite alimony and the husband appealed the award. In this article, we’ll discuss the details of the case and how the appeals and circuit courts made their decision.

Background of the case 

In the case of Tracey v. Tracey, the husband and wife sought to end their marriage of 26 years. The court granted the parties an absolute divorce based on voluntary separation that had continued uninterrupted for more than 12 months. The spouses initially agreed to an equal division of their marital assets. The lone dispute in the case concerned an alimony award to the former wife.

The husband was a supervisor of technical training for the Baltimore Gas Electric Company, where he worked for several years. In 1989, when the couple divorced, the former husband earned $57,973.25 in wages. His income in 1990 was roughly $61,000. The trial court fixed the husband’s monthly expenses at $2010 relative to his net monthly income of $3360.

In 1989, the former wife earned $15,381.88 as a full-time civilian payroll technician for the federal government. She also had a second part-time job that she took at McDonald’s fast-food restaurant. The part-time work brought in $4,800 annually producing a total net income of about $21,649. The court determined that the former wife’s basic monthly expenses was approximately $1730. Adding debts to her expenses, her total monthly expenditures equaled $2115 per month. The court fixed her net monthly income at $1,400.

After crunching the numbers, the trial court awarded the former wife indefinite alimony in the amount of $300 per month. In making its calculations, the court excluded the income she earned from her second job at McDonald’s. The final judgment of divorce incorporated a condition that required the wife to quit her job at McDonald’s if she were to receive alimony.

The appeal 

The husband appealed the indefinite alimony order on the grounds that:

• The trial court improperly refused to consider the former wife’s income from her second job;
• The trial court exceeded its statutory discretion in making an award of indefinite alimony;
• The trial court erred in making an alimony award that was contingent upon the wife quitting her second job.

However, given the disparity in the parties’ incomes, the appeals court found that the trial court did not abuse its discretion when awarding indefinite alimony to the wife. The judgment stood.

Talk to a Maryland Divorce Lawyer Today 

Schlaich & Thompson, Chartered represent the interests of Maryland residents who are pursuing a divorce. Call our Bel Air family lawyers today to schedule an appointment, and we can begin discussing key elements of your divorce such as equitable distribution of marital property, alimony, child custody, and child support.

Source:

casetext.com/case/tracey-v-tracey-6?q=divorce&jxs=md&sort=relevance&p=1&type=case