A Guide to Maryland Alimony: Types, Factors, and Modifications

Alimony, or spousal support, can play an essential role in helping individuals transition financially after divorce. In Maryland, the alimony process considers many factors, and there are different types of alimony that serve various purposes. With the new year approaching, now is an ideal time to understand these options, especially as courts often see a rise in divorce filings at the start of the year. Planning ahead can help you navigate your financial future with greater confidence.

What Are the Types of Alimony in Maryland?

In Maryland, there are three primary types of alimony that serve different purposes, depending on the circumstances of the marriage and divorce.

1. Pendente Lite Alimony Pendente lite alimony is temporary alimony awarded to one spouse while the divorce case is still pending. The goal of pendente lite support is to help the lower-earning spouse meet financial needs during the litigation process, allowing both parties to maintain a standard of living similar to what they experienced during the marriage.

Because it’s temporary, pendente lite alimony ends when the divorce case is finalized. The court may then determine if rehabilitative or permanent alimony is appropriate based on the details of the case.

2. Rehabilitative Alimony Rehabilitative alimony is the most common type of alimony awarded in Maryland. This type of support is provided for a specific period, giving the receiving spouse time to become financially self-sufficient. Often, rehabilitative alimony is used to help a spouse gain education, job training, or employment to regain financial independence.

Rehabilitative alimony is often preferable to permanent alimony, as it promotes financial independence while considering the recipient’s future goals. For instance, if a spouse has been out of the workforce for several years, rehabilitative support can assist them in getting back on their feet and developing a stable income stream.

3. Permanent Alimony Permanent alimony is awarded less frequently and typically only in cases where one spouse is unlikely to achieve financial independence. Permanent alimony may continue indefinitely, either until the receiving spouse remarries or until a significant change in circumstances justifies modifying or terminating the order.

Factors such as age, health, and employability play a role in determining permanent alimony. In some cases, the court may order permanent support if a spouse is disabled or if the marriage lasted for a significant period, making it difficult for the receiving spouse to re-enter the workforce.

What Factors Do Courts Consider When Determining Alimony?

Maryland courts weigh several factors when deciding whether to award alimony and, if so, which type is appropriate. Although each case is unique, here are some key factors the court may consider:

• Needs vs. Ability to Pay: The court assesses the financial needs of the receiving spouse and the paying spouse’s ability to provide support.
• Marital Fault: If one spouse’s misconduct led to the breakdown of the marriage, it might influence the court’s decision.
• Duration of the Marriage: Longer marriages may increase the likelihood of alimony, especially permanent alimony.
• Health and Age of Both Spouses: Health conditions or advanced age can make it challenging for a spouse to become self-sufficient.
• Earning Capacity and Education: The court considers each spouse’s income potential, professional background, and education level.
• Lifestyle During the Marriage: The court aims to ensure that both parties can maintain a lifestyle similar to the one they experienced during the marriage, as much as possible.

Maryland does not use an alimony calculator, so alimony decisions are highly individualized. For this reason, early preparation can help you present a compelling case, especially with the increase in filings at the start of the year.

Can Alimony Be Modified?

Yes, alimony can be modified, but the ability to do so depends on whether the alimony was awarded by the court or through an out-of-court settlement.

Modification for Court-Ordered Alimony If alimony is awarded by a Maryland court, it is generally modifiable if there’s a substantial change in circumstances. This could mean an increase or decrease in either spouse’s income, health issues affecting employability, remarriage, or the need to support additional dependents.

Modification for Alimony in a Settlement Agreement For cases resolved outside of court, a marital settlement agreement may include terms regarding modification. If the agreement specifies “non-modifiable” alimony, the support cannot be changed, even if there is a significant shift in circumstances. However, if the alimony is modifiable under the agreement, either spouse may seek a change if their situation changes significantly.

Because Maryland courts consider each case individually, discussing modification options with a knowledgeable attorney can provide valuable insights on how best to proceed.

When Does Rehabilitative Alimony End?

Unlike permanent alimony, rehabilitative alimony has a set end date, making it easier for both spouses to plan their financial futures. This type of alimony typically ends once the specified period concludes—often after the recipient has had time to complete training, education, or secure employment.

For example, the court might order a spouse to pay $1,500 per month for five years to support the receiving spouse’s transition to financial independence. Once that term is complete, the payments stop unless the order is modified based on unforeseen circumstances.

Frequently Asked Questions About Alimony in Maryland

Can alimony be extended beyond the initial term? In some cases, yes. If the recipient can demonstrate a continued need for support—due to illness, unemployment, or other factors—the court may extend the alimony period. However, this requires a petition and sufficient evidence showing that the extension is necessary.

How do you know if permanent alimony is appropriate? Permanent alimony is generally reserved for situations where the receiving spouse cannot become self-sufficient, often due to age, health, or lack of employment opportunities. Long-term marriages also increase the likelihood of permanent support, but each case is evaluated based on its unique factors.

Will I have to pay alimony if our incomes are similar? Not necessarily. Alimony decisions depend on each spouse’s financial needs and ability to maintain a comparable lifestyle after divorce. If both spouses are relatively self-sufficient, alimony may not be awarded. Other factors, such as marital fault or significant disparities in income, can influence the decision.

Start Planning Your Alimony Case Early

The new year often brings an influx of divorce filings, which can lead to scheduling delays in family court. Preparing your alimony case now can help you avoid this rush, giving you a head start in protecting your financial future. Whether you’re seeking spousal support or facing a request for alimony, understanding Maryland’s alimony laws and options for modification can provide valuable clarity and peace of mind.

Schedule your free case evaluation with Z Family Law in Rockville, Maryland, by visiting zfamilylaw.com or calling 240-977-1138.