1. MARITAL PROPERTY/ALIMONY
(continued)
February 26, 2004

2. Review 3rd Step: Monetary Award/Transfer Title to Pension
Is it necessary as an “adjustment of the equities?”
1. What would happen without monetary award/pension distribution?
Divide Marital Property By Title/Ownership (Henry & Wanda 80/20)
Is that the result equitable considering factors in 8-205(b) (Henry & Wanda 50/50)
If not, how much of a monetary award (and/or pension) needed to make final distribution of marital property equitable? (Henry gives $391,500 to Wanda to reach 50/50)

3. Analysis of Alimony Problem in Maryland
1st Question: Should H/W be awarded alimony?
Look at statutory factors
2nd Question: If so, what kind?
MD: Rebuttable presumption that it should be rehabilitative unless
1) age or illness make self-support impossible
2) even with rehab, incomes of party still unconscionably disparate

4. Should Wanda Be Awarded Alimony?
Henry and Wanda
Should Wanda Be Awarded Alimony?
Factors favoring award of alimony to Wanda include:
Duration of marriage – 20+ years
Financial needs & resources of parties; H – a lot; W- not much
Standard of living during marriage – high
Wanda’s monetary and non-monetary contributions – (put H through school and raised children)
Ability of H to meet his needs while paying W alimony
H’s misconduct

5. Henry’s arguments against an award of alimony:
Henry and Wanda
Henry’s arguments against an award of alimony: a) b) c)

6. Henry’s arguments against an award of alimony:
Henry and Wanda
Henry’s arguments against an award of alimony:
W’s ability to be self-supporting – can teach
W’s AGE – cuts both ways
c) W’s likely monetary award

7. Wanda’s argument for indefinite alimony:

8. Wanda’s argument for indefinite alimony:
11-106(c)(2)(b) UNCONSCIONABLE DISPARITY:
Even if Wanda retrained and gets teaching job her salary ($40,000?/yr.) will always be much less than H’s ($300,000+/yr.)
2-3X diff. - not enough
8-10 enough
Here 7-8x – probably enough for indefinite alimony

9. Henry’s argument for rehabilitative alimony:

10. Henry’s argument for rehabilitative alimony:
Alimony’s primary purpose is REHABILITATION or NEED
W has ability to become self-supporting
after a few year’s retraining

11. Assume the court awards Wanda alimony of $3,000 per month for four years beginning in July, What can the court do if, because of child’s special needs, she will not be able to complete her degree until July, 2007?

12. Assume the court awards Wanda alimony of $3,000 per month for four years beginning in July, What can the court do if, because of Harold’s special needs, she will not be able to complete her degree until July, 2007?
Extend the award of alimony as long as:
Cir. arise during alimony per. that would lead to harsh & inequitable result w/o extension
Must petition during period of award (Petition after award expires: too late)

13. What can Henry do if after the first year of paying alimony he becomes disabled and cannot work:
Petition for modification – lower amount
b) Petition for termination (termination if alimony recipient remarries or either party dies)