2009 Cruz vs. Silva

Cruz v. Silva, 189 Md.App. 196, 984 A.2d 295 (2009)


This CSA case deals with a complaint for absolute divorce and alimony.  The Circuit Court didn’t grant the divorce because there was no corroborating evidence of the grounds (adultery and abandonment).  The Circuit Court granted alimony to Wife.  Husband appealed.  The CSA held that:  (1) though a spouse could be awarded alimony in Maryland when a divorce was not granted, a solid basis for divorce in favor of the alimony recipient nonetheless had to be proved;

(2) wife was not entitled to an award of alimony, when she did not prove that she would have been entitled to a divorce decree in her favor; and (3) vacation of alimony award necessitated vacation of child support award.  Vacated and remanded.

Cruz v Silva.pdf93.72 KB


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