Alimony in the State of Maryland

Alimony is the payment of financial support to a financially dependent spouse. In Maryland, there are two types of alimony, permanent and rehabilitative.

Permanent Alimony

Permanent alimony, or alimony for life, is now disfavored under Maryland law. Although disfavored, it still may be awarded in appropriate circumstances and is frequently awarded in cases where there is a “gross disparity” between the incomes of the spouses. For example, if the husband in a divorce case is a successful CEO of a corporation earning $400,000 a year and his wife stayed at home during the course of their 20 year marriage to raise their children and she will likely only make $40,000 per year when she returns to the workplace, the Court would be likely to award permanent alimony to the wife. The amount of the alimony award would be dependent upon a variety of statutory factors.

Rehabilitative Alimony

Maryland law now favors the award of rehabilitative alimony, or alimony for a term of years that will enable the recipient to transition from the marital state to being on their own. Rehabilitative alimony does not provide the “lifetime pension” that permanent alimony does. It is designed to provide support for a set period while the economically dependent spouse re-enters the work place or improves their education or work skills to boost their earning potential.

Among the statutory factors the Court uses to determine whether to award alimony are:

1. The dependent spouse’s ability to be self-supporting;
2. The time needed to educate or train the dependent spouse to be self-supporting;
3. The standard of living the parties developed during their marriage;
4. The duration of the marriage;
5. The contributions, monetary and non-monetary, of each party to the well-being of the family;
6. The circumstances that contributed to the estrangement of the parties;
7. The age of the parties;
8. The physical and mental health of each party;
9. The ability to pay alimony by the economically superior spouse;
10. Any agreement between the parties;
11. Financial needs and resources of the parties; and
12. Other equitable factors.

(See Maryland Code, Family Law Article 11-106.)

Pendente Lite Alimony

The Court can award pendente lite alimony to the economically dependent spouse while the divorce action is pending. This will provide support to a financially needy spouse during the period while the divorce action is pending and before trial. The primary factors for consideration by the Court for pendente lite alimony are financial need by the economically dependent spouse and ability to pay by the economically superior spouse.

Maryland Divorce Attorneys

If you are interested in having Stern & Associates represent you in a divorce proceeding, call our offices today at 1-800-DIVORCE (from the Washington, D.C. area) or 301-444-4660. We would be happy to discuss your case with you.

Stern & Associates is a family law firm that represents individuals in divorce and family law cases throughout Maryland including cases in Montgomery, Howard, Frederick and Prince George’s Counties.