Alimony in Maryland

Alimony in Maryland

In Maryland, alimony is a recognized legal obligation, crafted to provide financial support to a spouse. Per Maryland law, alimony can serve as a transitional mechanism, rehabilitative aid, or be set for a specific duration, and in certain cases, it could be indefinite. While many envision alimony as a monthly payment, it can also be disbursed in a lump sum or a blend of the two.

For a Maryland court to consider granting alimony, two essential conditions must be satisfied:

1. The spouse requesting alimony has to demonstrate a substantial need for it; and
2. The spouse from whom alimony is sought must possess the financial capability to make payments.

If both of these conditions are not fulfilled, alimony may not be granted. However, if both spouses agree to alimony within their Marital Settlement Agreement, the court will uphold their consensus.

Maryland's alimony payments are not meant to penalize a spouse. Rather, they exist to help balance out any financial inequality, where one spouse might be better positioned to support themselves. The marriage's length significantly impacts the duration and type of alimony:

Short-term – A marriage that has lasted fewer than ten (10) years;

Moderate-term – A marriage that lasts 10 or more years, but fewer than twenty (20) years;

Long-term – A marriage that lasts 20 or more years.

The different types of alimony are intended for various situations:

Temporary alimony – Also known as Pendente Lite Alimony, it's awarded during the divorce proceedings. This support ends when the final divorce decree is issued and can be substituted with another form of alimony.

Rehabilitative Alimony – This support helps a spouse in acquiring necessary education or vocational training to gain self-supporting skills. The court order for this alimony requires a specific plan, and either spouse can ask for a modification if the circumstances substantially change or if the plan is not closely followed.

Limited-Duration Alimony – Typically granted in cases of short or moderate-term marriages. It is set for a specific time and does not exceed the length of the marriage. Changes in circumstances can warrant modifications to this alimony type.

Indefinite Alimony – Usually granted only after long-term marriages, it is available to a spouse who cannot reasonably adjust to the standard of living established during the marriage. The court evaluates the couple's lifestyle during the marriage to make a fair decision. Indefinite alimony can be modified if there's a significant change in circumstances, or if the recipient enters into a supportive cohabitation relationship.

Temporary, rehabilitative, and limited-duration alimony will cease upon the death of either spouse or the recipient's remarriage. However, this does not generally apply to rehabilitative alimony.