Alimony is awarded during a Maryland divorce when one spouse is in need of financial support, as determined by the details of the marriage, as they work on becoming self-supporting. Alimony is awarded on a case-by-case basis and is affected by a variety of factors.
If you are discussing alimony as part of your divorce, you may be looking at alimony during the length of the separation (known as alimony pendente lite), alimony as part of the divorce agreement (rehabilitative alimony), and in rare cases, indefinite alimony.
Learn what types of alimony you may qualify for, how long you may be expected to make alimony payments, and the conditions for qualifying for alimony under Maryland law.
Disclaimer: articles on sallerlaw.com are not intended as legal advice and should not be taken as such, please consult an attorney for advice about your individual situation.
Types of Alimony in Maryland
Alimony During Separation, “Alimony Pendente Lite”
This type of alimony is awarded during the separation and divorce proceedings and is temporary. It is granted to help the recipient spouse maintain a reasonable quality of living during the disruption of moving, separating, and deciding on finances, assets, and more. It can be requested after a divorce has been filed but before a divorce is finalized. Alimony pendente lite does not guarantee any other form of alimony will be awarded.
Rehabilitative Alimony, Most Common Alimony
Rehabilitative alimony is the most common form of alimony awarded in Maryland. It is a temporary alimony awarded to help the recipient spouse become self-supporting. This may rely on obtaining a job, going back to school for a degree, or any other number of factors to help them maintain a reasonable quality of living.
Indefinite Alimony, Otherwise Known as Permanent Alimony
Indefinite alimony is an alimony award with no pre-determined end date. This is rarely granted and is considered only when there is a large gap in finances between spouses, a spouse has limited employment options, or there is a limiting factor such as illness or disease. Indefinite alimony can be revisited later if circumstances change.
Who Qualifies for Alimony in Maryland
To be awarded alimony in Maryland, there must be an argument for a gap in the quality of living once separated and the need for financial support while working on becoming self-supporting. Alimony is not awarded in every divorce case and must be filed for along with the divorce.
Alimony may be awarded in instances of stay-at-home parenting, working towards a degree or a training program, large gaps and differences in wages, illness or disability, or other limiting factors that affect a person’s quality of living as standardized by the marriage.
Maryland does not use a pre-determined formula for calculating alimony. Therefore, it can be very important to consult with an alimony attorney in Baltimore to consult on possibilities, options, payment amounts, length, and more. Maryland does consider a number of factors when deciding on alimony in a divorce case.
Factors for Determining Alimony in Maryland
- Ability to be self-supporting
- Stay-at-home parent roles
- Reasonable length of time to find employment
- Standard of living during the marriage
- Duration of marriage
- Contributions to the marriage and household (financial and non-monetary)
- Cause(s) of separation and divorce
- Age and health of each spouse
- The ability for the pay-er of alimony to support themselves
- Previous agreements around alimony
- Financial needs of each spouse
How Do Long Do Alimony Payments Last For
In Maryland, alimony is not intended to be a permanent or life-long payment. Alimony is intended to be temporary until the receiving spouse has been given enough pre-determined time to become self-supporting. As there is no pre-determined formula for alimony in Maryland, the length of alimony is negotiated on given the factors considered for awarding alimony.
Rehabilitative alimony ends at the pre-determined time agreed upon or when the fixed term is complete. Alimony pendente lite, awarded during the separation, only lasts during the separation and divorce proceedings and other forms of alimony must be sought and agreed upon for post-divorce payments.
In rare cases, alimony may be awarded permanently in the case of illness, age, disability, or other factors that prevent the spouse from becoming self-supporting. These alimony payments often end when the receiving spouse enters into a new marriage or the court finds alimony must be terminated. An alimony attorney in Baltimore can help parties discuss their alimony options and if they qualify for a reasonable termination of alimony.
Can Alimony Be Altered After a Divorce
Alimony must be filed during the divorce proceedings and agreed upon before the finalization of the divorce. Once the marriage has ended, neither spouse has a right to request alimony and has no way of doing so.
If you agreed upon an alimony payment as part of your divorce but would like to revisit the amount after the divorce is finalized, it is wise to speak with an alimony attorney. Some life changes may be able to alter the alimony agreement but these are on a case-by-case basis.
For example, a spouse cannot quit their job in order to terminate alimony payments. If both parties also agreed or a judge declared there could be no alterations at a later date, there is very little that can be done.
If you’re looking to adjust an alimony agreement post-divorce, consult with an alimony lawyer in Baltimore to learn about your options.
Get a Consult with an Alimony Attorney in Baltimore
Alimony in Maryland can be complex due to the lack of state formulate for determining calculations and payment timelines. An alimony attorney in Baltimore can consult with you about what you or your spouse may be entitled to, what factors in your marriage the judge will consider, and what a reasonable timeframe for alimony payments will be.
If you are facing an alimony discussion, do not go it alone. Discuss your divorce with a local Baltimore family law attorney and see what your options may be.
Frequently Asked Questions
What are the different types of alimony available in Maryland?
Maryland offers three types of alimony: alimony pendente lite (temporary support during separation), rehabilitative alimony (temporary support to help a spouse become self-supporting after the divorce), and indefinite alimony (long-term or permanent support in rare cases).
Who qualifies for alimony in Maryland?
A spouse may qualify for alimony if there is a demonstrated need for financial support and a gap in living standards after separation. Factors include stay-at-home parenting, wage disparity, illness, disability, or time needed to become self-supporting.
How long do alimony payments last in Maryland?
Alimony durations vary. Alimony pendente lite lasts only during separation. Rehabilitative alimony has a set end date. Indefinite alimony has no end date but may be modified or terminated due to remarriage or changed circumstances.
Can alimony be modified after a divorce is finalized?
Yes, but only if modification wasn’t prohibited in the original agreement or order. Life changes may justify a change, but quitting a job to avoid payments is not valid. Speak with an attorney to explore your options.
Is alimony automatically awarded in Maryland divorce cases?
No, alimony is not automatic in Maryland. It must be requested during the divorce process, and the court considers various factors before awarding it. You cannot request alimony after a divorce is finalized.
