Alimony in Maryland — How Courts Decide How Much and How Long

Alimony refers to payments from one spouse to another for support after a divorce. Also called spousal support, alimony is not automatic. Maryland courts determine who is eligible for alimony based on certain factors. They then determine in what amount using similar factors. Understanding how this may affect your divorce is critical to protecting your rights. 

At RPM Law, our Maryland family law attorneys help you alimony and other issues during your divorce. We’re here to help.          

Maryland Recognizes Three Types of Alimony

State law has three different types of alimony in a Maryland divorce. 

1. Pendente Lite Alimony (Temporary Alimony)

This is short-term support awarded while the divorce is pending. Its purpose is to maintain the financial status quo so neither spouse is unfairly disadvantaged during the case. It does not predict whether final alimony will be awarded. The requesting party must prove that there is a need for alimony and that the other party has the ability to pay. 

2. Rehabilitative Alimony

The purpose of rehabilitative alimony is to provide support for a set period of time to help the receiving spouse become self-supporting. 

3. Indefinite Alimony

Indefinite alimony is rare. It is usually only available in specific situations, such as when: 

• A spouse cannot reasonably become self-supporting due to age, disability, or illness, or
• Even after becoming self-supporting, there would still be an “unconscionable disparity” between the spouses’ standards of living.

Indefinite alimony does not mean “permanent.” It could still be modified or terminated later depending on the circumstances.

How Maryland Courts Decide Whether to Award Alimony

Maryland does not use a formula to calculate alimony. Judges use factors to determine who is eligible for alimony as part of their divorce. They also use these factors to determine the amount and duration of any spousal support. Some of the key factors courts use include, but are not limited to:

1. The Ability of Each Spouse to Be Self-Supporting

Courts will look at each spouse’s:

• Income
• Job skills
• Education
• Employment history

The court looks at who can support themselves after the divorce and how long they need to help to become self-supporting.

2. The Time Needed to Become Self-Supporting

The judge will consider if either spouse needs to get further training or education to become self-supporting. The court can also look at whether employment is necessary to get the financial independence they need. 

3. The Standard of Living During the Marriage

Spousal support can help prevent a drastic drop in living standards right after the divorce. This usually impacts the lower earning spouse more.

4. The Duration of the Marriage

A longer marriage usually equals longer spousal support awards. This is even more true if one spouse stayed home or sacrificed their income potential for the other spouse. 

5. Contributions to the Marriage

Courts can look at financial and non-financial contributions to the marriage, such as:

• Supporting the other spouse’s career
• Childcare
• homemaking

6. The Circumstances Leading to the Divorce

Maryland does not use fault when determining divorce, but the circumstances could impact alimony. Misconduct that could matter might include:

• Financial abuse
• Abandonment
• Domestic violence

7. The Age, Physical Health, and Mental Condition of Each Spouse

Health limitations can affect a spouse’s ability to work or become self-supporting.

8. The Financial Needs and Resources of Each Spouse

This includes income, assets, debts, retirement accounts, and earning potential.

9. Agreements Between the Parties

If the spouses have a prenuptial or separation agreement addressing alimony, courts generally enforce it unless it is set aside by the court for various reasons such as fraud or unconscionability. 

How Courts Determine the Amount of Alimony

Because Maryland does not use a formula, judges evaluate the paying spouse’s ability to pay and the receiving spouse’s financial need. Courts review:

• Monthly income and expenses
• Housing costs
• Health insurance and medical needs
• Childcare expenses
• Debts and financial obligations
• Lifestyle during the marriage

How Courts Decide the Duration of Alimony

The length of alimony depends on the purpose of the award:

Rehabilitative Alimony

This usually lasts long enough for the dependent spouse to become self-supporting. This is often a few years, but it varies widely.

Indefinite Alimony

Indefinite alimony has no set end date but can be modified or terminated if circumstances change, such as:

• Retirement
• Significant income changes
• Remarriage of the receiving spouse
• Cohabitation under certain conditions

Pendente Lite Alimony

Ends when the divorce is finalized.  However, indefinite or rehabilitative alimony may be awarded by the court at the divorce hearing or negotiated by the parties as part of the divorce settlement. 

Get Help With Alimony and Your Maryland Divorce

Alimony is an important part of your Maryland divorce, but there is a lot to consider. Navigating the process alone can be very daunting, but you don’t have to face this without help. A skilled lawyer is ready to assist you.

Our team at RPM Law are ready to help with your family law needs. Contact us today for a consultation.