Understanding Alimony in Maryland: Who Qualifies and How It’s Calculated

Marriages don’t all look the same, and in some marriages, one spouse takes on the primary responsibility of childcare and homemaking at the expense of pursuing a high-powered career or working full time. For these and other factors (such as disability), a court may find it equitable to grant alimony in Maryland while the lower-earning spouse makes the transition to single life.

There are a lot of myths circulating about alimony. For example, some have the false impression that alimony is part of most divorces, perhaps deriving that belief from night talk show hosts and standup comics complaining about how much they pay their ex-wives.

So, let’s dive into how Maryland courts decide whether or not to award alimony and how they calculate it.

Types of Alimony

There are three types of alimony in Maryland: rehabilitative alimony, indefinite alimony, and alimony pendente lite.

1. Rehabilitative Alimony

Rehabilitative alimony is the most common type of alimony awarded when a divorce decree becomes final. Courts often award it to stay-at-home parents or homemakers after a divorce to support them while they seek additional training, education, or work experience to build to independence. When a court awards rehabilitative alimony, it is for a specific reason and duration (time and money to finish an MBA for example).

2. Indefinite Alimony

Indefinite alimony is relatively unusual in that it has no specified end date. Rehabilitative alimony with an end date is the norm, but a court may award indefinite alimony when equity demands it. Various factors may go into a court deciding to award indefinite alimony. When a court awards indefinite alimony, it is usually in cases where the marriage lasted more than 20 years and one of the spouses earns vastly more than the other.

Consider a situation where the parties are older, and it would be difficult if not impossible for the recipient spouse to find a suitable job because they have not worked outside the home in decades. In addition to age, the court may consider other factors that make it impractical for a spouse to support themselves, such as disability or illness.

A court might also award indefinite alimony where even though the lower-earning spouse is not elderly, the marriage lasted over 20 years, and the discrepancy between the prospects of the two spouses will remain huge no matter what steps the recipient spouse takes to become self-sufficient.

3. Alimony Pendente Lite

Alimony pendente lite is temporary spousal support intended to enable a reasonable standard of living for the lower-earning spouse through the divorce process. It may be sought between the time of filing the divorce and the divorce becoming final. When the divorce becomes final, a court may replace alimony pendente lite with an ongoing award of alimony. But just because a spouse gets alimony pendente lite does not mean they will be awarded rehabilitative or indefinite alimony when the divorce is finalized.

How Alimony Is Awarded

To receive alimony, the recipient must specifically request it as part of the divorce process either through a complaint for alimony or by submitting a written agreement for alimony to the court that they signed with their spouse.

How Alimony is Paid

A court will award alimony in Maryland as a specific amount to be paid within a specific time period, which could be weekly, monthly, quarterly or even yearly. Sometimes the paying spouse will just make direct payments. However, the court also has the authority to enter an Income Withholding Order so the amount is regularly deducted from the paying spouse’s paycheck.

Needless to say, in some cases, the payer ex-spouse simply doesn’t make the alimony payments. In that case, the recipient can file a motion of contempt with the court. This may result in the court holding the payer spouse in contempt of court, ordering seizure of their property, and a money judgment against them. Then the recipient can pursue all the usual legal avenues of collecting the debt.

Factors a Maryland Divorce Court Will Consider in Granting Alimony

Though judges follow a very specific formula for determining child support in Maryland, that is not true of alimony in Maryland. Judges consider many different factors outlined by Maryland statute when deciding whether to order alimony, its amount, and its duration. Though judges must consider these factors and others deemed necessary or appropriate to arrive at an equitable alimony award, Maryland grants judges a high degree of discretion on how to weigh these factors depending on the individual circumstances.

Factors include (but are not limited to) the following under Md. Code, Family Law § 11s–106:

(1)    The ability of the recipient to be self-supporting

(2)    How much time it will take for the recipient to get enough education or training to enable them to find “suitable employment”

(3)    The standard of living that the parties established during their marriage

(4)    The duration of the marriage

(5)    The contributions, monetary and nonmonetary, of each party to the well-being of the family. This does not just include money. It also includes contributions of a homemaker in running the home, taking care of children, supporting the spouse’s career, etc.

(6)    Why the parties are divorcing

(7)    Age

(8)    The physical and mental condition of each party

(9)    Payer’s ability to meet their own needs while meeting the needs of the recipient

(10)    Any agreement between the parties

(11)    The financial needs and financial resources of each party including

a)   All income and assets, including property that does not produce income

b)   Awards of marital property

c)    The nature and amount of the financial obligations of each party, and

d)   The right of each party to receive retirement benefits

 Modifying Alimony

Things change over time, and alimony can be modified on a motion by either party if there has been a material change in circumstances. The exception is when during the divorce process the parties submit a written alimony agreement to the court with a provision that it is not to be modifiable. Alimony ordered by the court without an agreement between the parties is always modifiable, but it’s often not an easy process.

A material change in circumstances could be many things, but common reasons include that one of the parties makes significantly more or less money than when the alimony was granted, one of the parties loses their job, one of the parties develops health issues, or the payer retires with a subsequent loss in income.

Sometimes alimony can end before the court-stipulated end date. Reasons include the death of either ex-spouse, the remarriage of the recipient, or the court determining it would be inequitable for the alimony to continue for other reasons.

Don’t Take Chances

Alimony is not a cut-and-dried issue in any divorce unless the two parties reach their own agreement. Judges have broad discretion when it comes to alimony in Maryland. And though alimony can be modified, it is often not easy to do so.

If you are facing a divorce that may include a request for alimony, you need an experienced Maryland divorce lawyer. It is far better if you and your spouse can reach an equitable agreement with the help of your attorneys rather than letting a judge decide. But if you and your spouse cannot reach an agreement, and a judge is deciding alimony, you need an experienced attorney even more.

If you are considering a divorce that may include alimony, we encourage you to consult with one of our experienced Maryland family law attorneys. Schedule an appointment to discuss your situation.