Alimony in Maryland

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In the event of a divorce, if either spouse does not have a separate estate, or if a spouse's assets are not sufficient to offer a means of support, a judge might order alimony, which is also known as spousal support. Alimony is usually a monthly financial allowance paid by one spouse to another. The purpose of alimony is to offset any unfair economic effects of a divorce by providing a continuing income to a non-wage earning or lower-wage earning spouse.

 

To be eligible for alimony, spouses in all states  must have been legally married. Alimony is usually based on a settlement agreement made between the spouses or the discretion of a judge. A written alimony agreement between the spouses is binding unless it was obtained by fraud or under duress.  In most states, including Maryland, remarriage of the recipient spouse will usually terminate alimony. Alimony awards may also be modified by petitioning the court.

 

In Maryland, a claim for alimony must be made before the final divorce decree is issued. However, Maryland residents may be able to receive alimony as part of a "limited divorce," which is a court-ordered legal separation. A limited divorce is different from a final divorce, which is referred to as an "absolute divorce." Sometimes Maryland courts may order a type of temporary alimony called “alimony pendente lite.”  The purpose of alimony pendente lite is to maintain support during divorce proceedings; it has no effect on whether or not alimony will be paid after the divorce is made final.

 

There are two types of alimony ordered by Maryland courts to be paid after a divorce is finalized: rehabilitative alimony and indefinite alimony. Rehabilitative is the most commonly awarded type of alimony,and may include payments for the education necessary for the recipient spouse to become self-sufficient.

 

Indefinite alimony is awarded with no specific time limit. This type of alimony is awarded to a spouse because of their age, an illness or disability, or if their income is “unconscionably disparate” from that of the other spouse. Unconscionably disparate income means that there is a large and unfair difference between the living standards of the two parties.

 

11-101 of the Maryland Code recommends that courts consider the following factors when awarding alimony:

 

  • The ability of the party seeking alimony to be wholly or partly self-supporting
  • The time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment
  • The standard of living that the parties established during their marriage
  • The duration of the marriage
  • The contributions, monetary and non-monetary, of each party to the well-being of the family
  • The circumstances that contributed to the estrangement of the parties
  • The age of each party
  • The physical and mental condition of each party
  • The ability of the party from whom alimony is being sought to meet that party's needs while meeting the needs of the party seeking alimony
  • Any agreement made between the parties
  • Whether the award would cause a spouse who is a resident of a related institution as defined in § 19-301 of the Health-General Article and from whom alimony is sought to become eligible for medical assistance earlier than would otherwise occur
  • The financial needs and financial resources of each party, including the following:
    • All income and assets, including property that does not produce income
    • Any award of property made by the court
    • The nature and amount of the financial obligations of each party
    • The right of each party to receive retirement benefits

 

In the United States, alimony is treated differently tax wise from child support payments. In Maryland, alimony is deductible for the person who pays it and taxable income for the person who receives it under the rules of the Internal Revenue Service, while child support is not. Lawyers.com offers a full explanation of divorce and alimony law in Maryland.