Alimony Overview

Maryland Alimony

Alimony is monetary support provided to the lower income-earning spouse following divorce to help him/her transition into a self-supporting role. It can be one of the most stressful and highly contested parts of the divorce process.

Our financial background gives us a unique view into the complexities of alimony, and no matter what your situation, we will advocate on your behalf to ensure that the alimony award is fair for you.

Here’s a quick overview of alimony. In Maryland there are three types:

1. Permanent Alimony: Permanent alimony is granted when a recipient’s age, disability, or illness makes it unlikely that he/she can become self-supporting or if the standard of living of each spouse would be unconscionably disproportionate.
2. Rehabilitative Alimony: Rehabilitative alimony lasts for a limited period of time until the recipient becomes self-supporting via education or training.
3. Alimony pendente lite: Alimony pendente lite is temporary; it is awarded to either spouse during litigation leading up to divorce.

Alimony payments end upon the death of the paying spouse or remarriage of the spouse receiving alimony. It is considered income for the recipient and a tax deduction for the spouse paying.

 

What is alimony? 

Alimony, also known as spousal support, is a periodic payment made by one spouse to the other during separation or after a divorce to help the recipient spouse maintain their standard of living.

What are the types of alimony in Maryland? 

There are two main types of alimony in Maryland:

• Alimony Pendente Lite: Temporary financial support awarded during the divorce process to maintain the financial status quo.
• Rehabilitative Alimony: Support provided for a set period to help the recipient become self-supporting.
• Indefinite Alimony: Long-term support awarded when the recipient cannot reasonably be expected to become self-supporting due to age, illness, infirmity, or disability.

How is alimony determined in Maryland? 

Unlike child support, there are no statutory formulas for calculating alimony in Maryland. The court considers various factors, including the duration of the marriage, the standard of living during the marriage, the age and physical and emotional condition of both spouses, and the financial needs and resources of each spouse.

How long does alimony last? 

The duration of alimony depends on the type awarded:

• Alimony Pendente Lite: Ends when the divorce is finalized.
• Rehabilitative Alimony: Lasts for a specific period determined by the court.
• Indefinite Alimony: Continues until an event occurs to terminate it, such as the death of either party, the remarriage of the recipient, or a court order.

Can alimony be modified or terminated? 

Yes, alimony can be modified or terminated if there is a significant change in circumstances, such as a change in income, remarriage of the recipient, or the recipient becoming self-supporting.

Is alimony awarded in every divorce case in Maryland? 

No, alimony is not automatically awarded. A spouse must specifically request it, and the court will decide based on the need and ability to pay.

What happens if a spouse refuses to pay alimony?

 If a spouse refuses to pay alimony, the recipient can file a motion with the court to enforce the alimony order. The court may take various actions, such as wage garnishment or contempt of court proceedings, to ensure compliance.

Contact Our Maryland Alimony Attorneys

Contact our Maryland alimony lawyer in Montgomery County for professional legal help with seeking financial support from an ex-spouse in a divorce case. Additional information about alimony can be found in the links to the right.

(Updated 11/14/2024)