What Are the Types of Alimony in Maryland?

In Maryland, alimony (also known as spousal support) is not automatic. Instead, it is awarded based on the unique facts and circumstances of each case. The primary goal of alimony is to provide financial support to a spouse who may be unable to meet their needs after a divorce, particularly when there is a significant difference in income or earning potential between the spouses. While Maryland courts do not guarantee equal standards of living after divorce, they do strive to prevent severe economic disparity.

Below are the three types of alimony recognized under Maryland law.

Indefinite Alimony

Indefinite alimony is awarded when a court determines that long-term support is necessary. This typically occurs in two specific situations:

• One spouse cannot reasonably be expected to become self-supporting due to age, illness, or disability.
• Even if the receiving spouse becomes self-supporting, the standard of living between the two parties would be unconscionably disparate.

Unlike other forms of alimony, indefinite alimony does not have a scheduled end date. However, it may be modified or terminated later if there is a substantial change in circumstances. Courts generally reserve indefinite alimony for exceptional cases—it’s relatively rare and not the default solution in most divorces.

Rehabilitative Alimony

Rehabilitative alimony is the most commonly awarded type of spousal support in Maryland. It is intended to provide financial assistance for a limited period while the recipient spouse works toward becoming self-sufficient. This might include completing an educational program, gaining new job skills, or re-entering the workforce after a long absence.

The court sets a specific duration for rehabilitative alimony based on how long it reasonably takes for the recipient to improve their earning capacity. Once that time expires, the obligation ends unless modified by a court due to a change in circumstances.

Alimony Pendente Lite

Alimony pendente lite, which translates to “pending the litigation,” refers to temporary alimony awarded while the divorce case is still in progress. Its purpose is to maintain the status quo and ensure that both parties can manage living expenses during the divorce proceedings.

This form of support does not require a final determination of financial need or fault. It begins after one spouse files for divorce and typically ends when a final divorce order is issued. At that time, the court may either terminate the alimony or replace it with rehabilitative or indefinite support, depending on the circumstances.

How Do Maryland Courts Decide Whether to Award Alimony?

Unlike in some other states, Maryland does not use a strict formula to calculate alimony. Instead, the court considers a number of statutory factors under Md. Code, Family Law § 11-106, including:

• The length of the marriage.
• Each spouse’s age, health, and ability to be self-supporting.
• The standard of living during the marriage.
• Each party’s financial needs and resources.
• The circumstances that contributed to the breakup of the marriage.
• The contributions (monetary and non-monetary) made by each spouse to the well-being of the family.

If both spouses are able to come to an agreement about alimony, the court will usually honor that arrangement. If they cannot agree, the judge will decide whether alimony is appropriate and what the amount and duration should be.

Contact the Annapolis Alimony Lawyers at Oliveri & Larsen

If you are going through a divorce and have questions about alimony or other financial matters, the experienced Annapolis alimony lawyers at Oliveri & Larsen are here to help. We understand how Maryland courts evaluate spousal support and can advocate for a fair outcome based on your unique circumstances. Call 410-295-3000 or contact us online to schedule an initial consultation. From our office in Annapolis, we serve clients throughout Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.