Alimony

There are two types of alimony in the state of Maryland, alimony before the divorce or “pendente lite”, temporary alimony, and alimony after the divorce.  A court can award temporary alimony while the parties are waiting for the final divorce.  This does not necessarily mean that alimony will be awarded after the divorce.  In the state of Maryland there is no set formula for determining alimony, however, under Maryland law, married people are financially responsible for each other, meaning the husband has a duty to support his wife and the wife has a duty to support her husband. This duty lasts until the final divorce decree and does not stop because the couple separates.

Maryland considers alimony temporary and rehabilitative.  Alimony can only be awarded before the final ending of the marriage.  Once the divorce is granted, it is impossible for either party to go back and file for alimony.  It is meant to assist in the rehabilitation to an economic functioning level, for example earning a reasonable living.  It is meant to help the spouse to become self-supporting.  However, in some cases rehabilitative alimony is not always the answer.  Circumstances, such as health issues or perhaps age may prevent the court from awarding rehabilitative alimony. In this case, the court will order alimony on a long term or indefinite basis; however, this happens less often these days.  The court will award alimony based on the relative needs and resources of the parties. 

Maryland legislature has set out criteria for the court to use:

• Income from salaries, investments, pension profit sharing, and retirement plans.
• Education and ability of the parties, as well as opportunities for additional education.
• Length of the marriage
• Age, physical condition, and mental condition of the two parties.
• Children and whether or not one of the parties should stay at home with the child of the parties instead of working.
• Separate property a person has
• Standard of living the parties enjoyed during the marriage.
• Tangible and intangible contributions.  Contributions of a homemaker and the tangible and intangible contributions of one party to the education age or increased earning power of the other party.
• Fault of one of the parties (if the court wishes)
• Tax consequences
• Other factors that the court considers appropriate

Indefinite alimony can be changed or lowered over time if there is changes in circumstances, however, remember, if you do not get alimony at the time of divorce you cannot get alimony after the divorce is final.  Marriage of the person receiving alimony will terminate alimony unless previously noted in the settlement agreement.  Living with someone, regardless of whether you are having sexual relations can cause a person to lose or have lowered their indefinite alimony.  The Maryland Court has the power to enforce the payment of alimony by a lien on property or requirement for a bond for both alimony and child support.

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