Alimony/Spousal Support in a Maryland Divorce

Alimony, also known as spousal support, is a form of financial assistance from one former spouse to the other. Its primary purpose is to provide the recipient spouse with the means to become self-supporting. Rehabilitative alimony, which is granted for a specific period, is designed to allow the dependent spouse to gain the necessary education, training, or work experience to achieve financial independence.

As a general rule, alimony must be requested before the finalization of the divorce. If an individual does not seek alimony as part of the divorce proceedings, they will not be able to request it later. The Supreme Court of Maryland has stated that "the right to claim alimony is extinguished at the time of the severance of the marital relationship." It is important to note that this rule applies in the state of Maryland.

If you and your spouse have signed an alimony agreement, the court will generally be bound by the terms of that agreement. This means that the court will not have the authority to modify the terms of the agreement as part of the divorce proceedings. It is important to note that an alimony agreement between spouses may be broader in scope than what the court would award on its own. For example, you and your spouse may negotiate to require the payment of a mortgage or other forms of support in addition to a periodic monetary payment. In Maryland, either spouse, regardless of gender, may be required to pay alimony, per the state's equal rights amendment.

What are the Different Types of Alimony?

Pendente lite alimony refers to temporary alimony that the court may award before the divorce is final. The court may award a spouse alimony in the beginning or middle of the case. If awarded, the paying spouse must pay this kind of alimony until a final divorce judgment is entered. Pendente lite alimony aims to maintain the financial status quo for the dependent spouse during the divorce proceedings. It is important to note that the award of pendente lite alimony does not necessarily indicate that the dependent spouse will be granted alimony permanently following the divorce. The final determination of alimony will be based on a finding of need as well as several other factors established by law.

Rehabilitative alimony is a type of alimony that is designed to provide financial support for a dependent spouse only until the dependent spouse is able to become self-supporting. This alimony is typically associated with a specific, time-limited goal, such as obtaining a college degree, and they are expected to pursue education, training, or work experience that will enable them to become self-supporting. For example, a court may award rehabilitative alimony for the duration of a degree program, typically lasting two to four years. The duration of rehabilitative alimony will vary based on the individual circumstances of the case, but it is common for it to last several years.

Indefinite alimony is a rare form of alimony that does not have a specific end date. It may be awarded in cases where the dependent spouse cannot make reasonable progress toward becoming self-supporting due to age, lack of job skills or education, illness, or disability. It is more likely to be awarded if the dependent spouse's standard of living is significantly lower than their ex-spouse's standard of living, even if the dependent spouse can make reasonable progress toward being self-supporting. It is important to note that alimony awards that are determined by the court, including indefinite alimony, may be modified, extended, or terminated in the future if circumstances change and one of the ex-spouses seeks a modification from the court.

What Factors Will The Court Consider?

The court will consider several factors when determining whether to award alimony and, if it determines an award is appropriate, it will also decide the amount and duration. These factors include the length of the marriage, the financial circumstances of each spouse during the marriage and in the future, the age, the physical and mental health of each spouse, and the reason for the divorce. The relative importance of each factor may vary depending on the specific circumstances of the case, and judges have broad discretion in making alimony decisions. It is important to note that this list of factors is not exhaustive, and other relevant considerations may also be considered.

Here is a full list of factors that the court will consider in alimony decisions:

• The self-supporting capacity of the party seeking alimony;
• The amount of time that the party seeking alimony will require to obtain the necessary education or training to become self-supporting through employment;
• The standard of living established by the parties during their marriage;
• The length of the marriage;
• The financial and non-financial contributions of each party to the well-being of the family will be considered;
• The circumstances leading to the estrangement of the parties;
• The age of each party;
• The physical and mental health of each party;
• The ability of the party from whom alimony is sought to meet their own needs while also meeting the needs of the party seeking alimony;
• Any agreement between the parties;
• The financial needs and resources of each party, including all income, assets, and property that does not generate income; and
• The impact of the alimony award on the paying spouse’s eligibility for medical assistance in a care facility.

In alimony determinations, the court must consider all relevant factors, including those not explicitly listed in the relevant statutory provisions. These additional or "other" factors may include any considerations deemed necessary by the court to arrive at a fair and equitable alimony award. It is important to note that the court is not required to use a formal checklist in considering these factors but must demonstrate that all necessary factors have been taken into account in making its determination.

Alimony Award Amount

The amount of alimony to be awarded in a particular case is determined on a case-by-case basis, taking into account the specific circumstances of the parties from the testimony and evidence presented in court. The court considers relevant statutory and other factors to determine the appropriate amount of alimony to arrive at a fair and equitable alimony award.

Attorney’s Fees

In cases involving divorce, the court may order one party to pay the attorney's fees and costs of the other party if the financial circumstances of the parties warrant it and more likely when there was some bad faith proven during the case. These fees and costs may include legal expenses and other costs and fees incurred in connection with the divorce action. It is not common practice for a court to award attorney’s fees in a divorce action and should not be expected.

Termination of Alimony

Generally, alimony will terminate upon the occurrence of any of the following events: the death of either party, the recipient's marriage, or if the court determines that termination of alimony is necessary to achieve fairness and to avoid an inequitable result. However, the court may order alimony for a specific duration of time which is now more likely than ever. Or the parties may agree on when alimony will terminate. There can also be other terms that are included in an order. Every case is different and  the specific terms of an alimony award will vary depending on the facts and circumstances.