How does spousal support work in Maryland?
Di Goodman
Maryland managing attorney at Marble Law
Key Takeaways
- Spousal support isn’t guaranteed in Maryland.
- Most often it’s awarded when there’s significant financial disparity between the spouses or if one spouse can’t work.
- Typically spousal support in Maryland is temporary, though in rare cases it may be indefinite.
- Factors considered during a spousal support case in Maryland include: ability to be self-supporting, marriage length, contributions, reason for divorce, finances, health and child custody.
Spousal support, sometimes called alimony, isn’t automatically awarded in Maryland. Most of the time, courts only award it in cases where there’s a large income discrepancy between the spouses or a dependent spouse who can’t work.
Maryland recognizes two types of spousal support:
- Rehabilitative alimony: If one spouse needs help to maintain their status quo during the divorce process or to get back on their feet financially after a divorce is finalized, the court can award “rehabilitative alimony”. This lasts for a limited time, allowing the party to catch up professionally and financially.
- Indefinite alimony: On occasion, judges may decide to award “permanent” or “indefinite” spousal support. In this case, one party must pay spousal support to the other party for an unspecified period after a divorce is finalized—sometimes until the supported party dies.
Indefinite or permanent spousal support is very rare and usually reserved for situations when someone is mentally or physically ill or otherwise incapable of supporting themselves in the long term. It can also happen if a court decides there are “unconscionably disparate” or extreme differences between the spouse’s wealth and post-divorce lifestyles.
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How does Maryland determine spousal support?
Maryland courts consider the following when ruling on alimony:
- The ability of each individual to be self-supporting and the time it might take them to get on their feet.
- The quality of life each individual enjoyed when they were married and whether they can sustain that lifestyle on their own.
- The duration of the marriage.
- The monetary and non-monetary contributions each individual made to the well-being of the relationship.
- The circumstances and grounds of the divorce.
- The financial resources and non-marital assets of each individual, including retirement benefits and property.
- Each spouse’s age and physical and mental health history.
- The child custody and parenting responsibility arrangements.
Can alimony be modified?
Unless a former spouse remarries or dies, the terms around spousal support can be difficult to change after a marriage is officially dissolved in Maryland, but modifications are possible. If you wish to modify an existing spousal support order, an experienced family law attorney may be an asset.
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