Boemio v. Boemio, 414 Md. 118

Summary

The Maryland Court of Appeals held that a circuit court may consult reliable, neutral, nonlegislative alimony guidelines as an aid in determining the amount and duration of an award under Maryland Family Law § 11-106. Such guidelines are permissible when they do not replace or undermine the statute’s required considerations. The court affirmed the award of indefinite alimony of $3,000 per month.

Holdings

1. A trial court may consult guidelines promulgated by a reliable and neutral source as an aid in determining the amount and duration of alimony, provided the guidelines do not conflict with, supplant, or undermine the statutory considerations in Maryland Family Law § 11-106.
2. The circuit court did not abuse its discretion or make clearly erroneous findings in awarding Seixas indefinite alimony because the evidence supported an unconscionable disparity in the parties' respective standards of living after consideration of the duration of the marriage, income disparity, marital lifestyle, the parties' contributions, Seixas's career sacrifices, and Boemio's enhanced earning capacity.

Questions Presented

1. Whether a trial court may consult nonlegislative alimony guidelines from a reliable and neutral source when determining the amount and duration of alimony under Maryland Family Law § 11-106.
2. Whether the circuit court properly awarded indefinite alimony based on an unconscionable disparity in the parties' respective standards of living under Maryland Family Law § 11-106(c)(2).

Disposition

affirmed