Insight

The Ins and Outs of Alimony in Maryland

The Ins and Outs of Alimony in Maryland

Geoffrey S. "Geoff" Platnick

Geoffrey S. "Geoff" Platnick

August 3, 2022 04:24 PM

What is alimony?

Alimony is the payment of money for support of a spouse or former spouse at stated periods (usually monthly) during the joint lives of the parties so long as they live separate and apart.

Is alimony different than child support?

Alimony is very different than child support. Alimony is paid to support a spouse or former spouse. Conversely, child support is paid to support minor children.

How can alimony be awarded?

Alimony can be awarded by the court to either party based upon a Complaint for Alimony or as part of an action for Annulment or Divorce. Depending on the facts of a case, alimony may be awarded to one spouse while the litigation is pending, as well as at the time of the final divorce. The party seeking an alimony award does not need to have grounds for divorce. If the parties have resolved alimony by written agreement, the court will be bound by that agreement as it relates to alimony. If the parties’ agreement conditions that alimony is “not modifiable by any court,” then the court may not modify the alimony. Conversely, if alimony is awarded by the court, it is always modifiable.

What are the factors the court considers when deciding to award alimony?

When deciding whether to award alimony, the court must consider all factors necessary for a fair and equitable award, including: (1) the ability to be wholly or partially self-supporting; (2) the time necessary to gain sufficient education or training to find suitable employment; (3) the parties’ standard of living during the marriage; (4) the duration of the marriage; (5) each party’s contributions, monetary and non-monetary, to the well-being of the family; (6) the circumstances that contributed to the parties’ estrangement; (7) each party’s age; (8) each party’s physical and mental condition; (9) the ability of the party from whom alimony is sought to meet their own needs while meeting the needs of the party seeking alimony; (10) any agreement between the parties; (11) the financial needs and resources of each party; (12) whether the award would affect State Assistance; (13) whether due to age, illness, infirmity, or disability, the recipient cannot make substantial progress toward becoming self-supporting; and (14) whether even after such progress, the respective standards of living of the parties will be unconscionably disparate.

How long does alimony last?

Maryland law is clear that alimony is not meant to be a lifetime pension. Alimony is typically ordered as a period of rehabilitation. Such rehabilitative alimony is ordered until the spouse receiving alimony can be expected to become self-supporting through education, training or work experience.

However, a court may award indefinite alimony if it finds that: (1) due to age, illness, infirmity, or disability, the party seeking alimony cannot reasonably be expected to make substantial progress toward becoming self-supporting; or (2) even after the party seeking alimony will have made as much progress toward becoming self-supporting as can reasonably be expected, the respective standards of living of the parties will be unconscionably disparate.

While indefinite alimony is ordered much less frequently than rehabilitative alimony, indefinite alimony is generally awarded in cases with a long-term marriage (in excess of 20 years) where one spouse will always earn substantially more than the other spouse.

Does alimony end?

Unless the parties agree otherwise, alimony terminates: (1) on the death of either party; (2) on the recipient’s marriage; (3) if the court finds termination is necessary to avoid a harsh and inequitable result; or (4) on a date specified by the court or by the parties’ written Agreement.

If alimony is court-ordered, then it is modifiable upon request of either party, based on a material change in circumstances, until the termination date specified by the court.

Does the court use a formula to determine alimony?

In Maryland, there are no alimony guidelines and there is no set formula used to determine the amount a party may receive. However, in addition to the long list of factors to be considered by the court in deciding how much alimony to award, the court may also look at “alimony guidelines” or “alimony formulas” used by other states.

Have any questions about this topic, please call me (240) 617-0405.

Related Articles

Split Decisions


by Lindsey Kujawa and Susan A. Hansen

Marriage is changing—and so is divorce. Family lawyers must be there for richer and for poorer, in sickness and in health.

Divorce is Changing Family Law

Trending Articles

The 2024 Best Lawyers in Spain™


by Best Lawyers

Best Lawyers is honored to announce the 16th edition of The Best Lawyers in Spain™ and the third edition of Best Lawyers: Ones to Watch in Spain™ for 2024.

Tall buildings and rushing traffic against clouds and sun in sky

Best Lawyers Expands Chilean 2024 Awards


by Best Lawyers

Best Lawyers is pleased to announce the 14th edition of The Best Lawyers in Chile™ and the inaugural edition of Best Lawyers: Ones to Watch in Chile™, honoring the top lawyers and firms conferred on by their Chilean peers.

Landscape of city in Chile

The Best Lawyers in Spain™ 2023


by Best Lawyers

Announcing Spain's recognized lawyers for 2023.

Flag of Spain

Announcing The Best Lawyers in South Africa™ 2024


by Best Lawyers

Best Lawyers is excited to announce the landmark 15th edition of The Best Lawyers in South Africa™ for 2024, including the exclusive "Law Firm of the Year" awards.

Sky view of South Africa town and waterways

Announcing the 2023 The Best Lawyers in America Honorees


by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

The Best Lawyers in Portugal™ 2024


by Best Lawyers

The 2024 awards for Portugal include the 14th edition of The Best Lawyers in Portugal™ and 2nd edition of Best Lawyers: Ones to Watch in Portugal™.

City and beach with green water and blue sky

The Best Lawyers in Peru™ 2024


by Best Lawyers

Best Lawyers is excited to announce the landmark 10th edition of The Best Lawyers in Peru, the prestigious award recognizing the country's lop legal talent.

Landscape of Peru city with cliffside and ocean

The Best Lawyers in South Africa™ 2023


by Best Lawyers

Best Lawyers proudly announces lawyers recognized in South Africa for 2023.

South African flag

The Best Lawyers in Chile™ 2023


by Best Lawyers

The results include an elite field of top lawyers and firms in Chile.

White star in blue box beside white box with red box on bottom

The Best Lawyers in Colombia™ 2024


by Best Lawyers

Best Lawyers is honored to announce the 14th edition of The Best Lawyers in Colombia™ for 2024, which honors Colombia's most esteemed lawyers and law firms.

Cityscape of Colombia with blue cloudy sky above

Announcing the 2024 Best Lawyers in Puerto Rico™


by Best Lawyers

Best Lawyers is proud to announce the 11th edition of The Best Lawyers in Puerto Rico™, honoring the top lawyers and firms across the country for 2024.

View of Puerto Rico city from the ocean

Best Lawyers: Ones to Watch in America for 2023


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

The 2023 Best Lawyers in Portugal™


by Best Lawyers

Announcing the elite group of lawyers recognized in Portugal for 2023.

Green and red Portuguese flag

Unwrapping Shrinkflation


by Justin Smulison

Through the lens of the United States, we take a closer look at the global implication of companies downsizing products while maintaining and often raising prices.

Chocolate bar being unwrapped from foil

2021 Best Lawyers: The Global Issue


by Best Lawyers

The 2021 Global Issue features top legal talent from the most recent editions of Best Lawyers and Best Lawyers: Ones to Watch worldwide.

2021 Best Lawyers: The Global Issue

What the Courts Say About Recording in the Classroom


by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?