Alimony/Spousal Support in Maryland

Alimony and/or spousal support is defined as the payment of money by one spouse to the other spouse.

In Maryland, alimony can be obtained by a person in one of the following ways. Either the couple can agree that one person will pay the other alimony, or a court can order a party to pay alimony. Alimony can be awarded to a man or a woman.

If one spouse is forced to file suit to obtain alimony, s/he may seek what is called pendente lite alimony. Pendente lite alimony is when one spouse is awarded temporary alimony pending the final resolution of a divorce proceeding. When awarding pendente lite alimony, the court does not consider which party is at fault for the breakup of the marriage. Instead, the court considers the financial needs of the person seeking temporary alimony and the ability of the other spouse to pay the amount requested.

The two basic types of court-ordered alimony in Maryland that are decided at the final merits trial are rehabilitative and indefinite alimony. Rehabilitative alimony lasts for a fixed period. The purpose of this type of alimony is to give the person who is receiving it the ability to become self-sufficient. At the other end of the spectrum is indefinite alimony. Indefinite alimony is when the court mandates that one spouse pays the other spouse a certain sum for an unspecified duration. The payment is continuous, until the court says otherwise. However, if a party is awarded indefinite alimony, it does not ensure that a party will receive alimony forever. Indeed, a court can still reduce or eliminate alimony payments at any time, if the court retains jurisdiction over the alimony issue.

The court generally looks at the following factors when determining whether a spouse should receive alimony, and when deciding what type of alimony the person should receive: (1) the time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment, and the spouse's future earning capacity; (2) the standard of living established during the marriage; (3) the duration of the marriage; (4) the ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support; (5) the financial resources of the spouse seeking alimony, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently; (6) the comparative financial resources of the spouses, including their comparative earning capacity; (7) the contribution of each spouse to the marriage, including services rendered in homemaking, child care, education and career building of the other spouse; (8) the ages of the spouses; (9) the physical and emotional conditions of the spouses; (10) any mutual agreement between the spouses concerning financial or service contributions by one spouse with the expectation of future reciprocation or compensation by the other (11) the ability of the spouse seeking alimony to become self-supporting; (12) the circumstances which lead to the breakdown of the marriage; and (13) any other factor the court deems just and equitable. Maryland Family Law Code Ann. §11-106.

Indefinite alimony is usually awarded to a person when a court finds one of two things: (1) that due to the person's physical condition, the party seeking alimony cannot be expected to become self-supporting; or (2) that even if the person seeking alimony has made as much progress to become self-sufficient as can reasonably be expected, the standards of living of each party will be so vastly different.

As stated above, alimony can also be paid to one person if the parties agree that this will occur. However, before entering into such an agreement it is important for the parties to fully understand the implications of the terms they wish to agree to.

Hence, when alimony is a possible issue in a case, an attorney can help you: (1) by being a source of general information on rights, obligations, the law and tactics; and (2) by representing you in negotiation and/or litigation.

This article is general in nature and is not intended to provide the reader with legal advice. It is important to consult a divorce attorney in order to find out your rights and to receive advice that is specifically tailored to your needs and desires.

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