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I have a question about divorce in Maryland. If my gross…

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I have a question about divorce in Maryland.
If my gross income is 8400 per month and my wife gets 3100 per month in VA disability compensation. In a divorce would a judge consider the 3100 in her disability income when calculating my alimony. We have been married for only 9 months.
Submitted: 9 months ago.Category: Family Law
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Answered in 11 minutes by:
9/20/2017
Family Lawyer: Michael Bradley,
 replied 9 months ago
Michael Bradley
Category: Family Law
Satisfied Customers: 1,452
Experience: Owner at The Protection Group LLC
Verified

Unlike child support, Virginia does not have a statewide formula for determining a “presumptive” amount of spousal support in all cases. Instead, Virginia Code §20-107.1 merely lists factors the court must consider in determining spousal support. The law only requires that the court consider all of evidence presented, in light of these factors. If the court finds that spousal support is appropriate then it must decide both the amount and duration of support.

The §20-107.1 spousal support factors include: the obligations, needs, financial resources/income of the parties; the standard of living established during the marriage; how long the parties were married; the earning capacity and education of the parties; the opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability; the decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market; the extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and such other factors, including the tax consequences to each party, “as are necessary to consider the equities between the parties.”

Some of the servicemember’s pay that is considered income for the purposes of child support should not considered in determining spousal support. Specifically, disability pay may not be included in the servicemember’s income for purposes of spousal support. The servicemember can also argue for the exclusion of BAH in spousal support cases where the amount the servicemember pays in rent/mortgage equals or exceeds the BAH amount, or where the servicemember participates in the Military Privatization Housing Initiative (MPHI). Post 9-11 G.I. Bill benefits may also be excluded from income, depending on the expenses of the recipient.

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Family Lawyer: Michael Bradley,
 replied 9 months ago

I would hammer away that the marriage was only 9 months so a spousal support or alimony award should not be warranted or, at a minimum, very short term

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