Alimony

Alimony can be received by a person getting a divorce in Maryland in one of two ways: (1) either the divorcing couple can agree that one person will pay the other alimony, or (2) a court can order a party to pay alimony.

The two basic types of court-ordered alimony in Maryland are rehabilitative alimony and indefinite alimony.

Rehabilitative alimony lasts for a fixed amount of time while indefinite is precisely that – indefinite. The idea is to give the person receiving alimony the opportunity to become self-supporting.

Indefinite alimony is awarded when a court finds one of two things: (1) due to that person’s physical condition, the party seeking alimony cannot be expected to become self-supporting; or (2) even if the person seeking alimony has made as much progress to become self-sufficient as can reasonably be expected, the standards of living of each of the parties will still be grossly different. “Indefinite” alimony is not “permanent” alimony as a court could reduce the alimony payments or end them altogether.

When deciding whether or not it will award a party alimony, a court must consider by law a number of factors. These factors include:

• The ability of the person who would receive the alimony to become self-supporting;
• The standard of living the couple enjoyed during their marriage;
• The length of the marriage;
• The age, physical and mental condition of each of the parties;
• The ability of the person who might have to pay the alimony to meet his or her financial obligations while still paying alimony;
• The financial needs and resources of each party;
• Why the parties are getting a divorce; and
• What each person contributed to the marriage, in terms of money and non-monetary contributions

As a general matter, unless the parties agree otherwise, alimony ends when either party dies, when the receiver of the alimony remarries, or if a court determines that the alimony needs to end in the interest of fairness.

Also, temporary alimony (also called “alimony pendente lite”) can be awarded by a court pending the resolution of a divorce lawsuit. When awarding alimony pendente lite, fault in the pending divorce is not a consideration Rather, what is considered is the financial need of the person to whom alimony might be awarded, and the ability of the other party to pay.

It is often a good idea for the parties to consult with attorneys before entering into an alimony agreement so that it can be properly drafted and fully and legally captures the intent of the parties. The terms of the agreement should be carefully considered to avoid future problems. For example, suppose you and your ex-spouse have an agreement where you pay $400 a month until one of you dies or remarries. Under Maryland law, this would probably mean the spouse receiving alimony would still be entitled to the payments even if they started to live with someone in a marriage-like arrangement but did not marry that person. A properly drafted agreement can avoid problems such as this one.

If you are contemplating a divorce and want to figure out whether you might be able to receive alimony, or you are concerned that you might have to pay alimony, you should consult with an attorney who can advise you as to the best way to proceed.

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