Alimony/Spousal Support

Alimony/Spousal Support Lawyers in Maryland

When a marriage ends, one spouse may be at a significant financial disadvantage, particularly if they have been out of the workforce for an extended period to care for children or support the other spouse’s career. Alimony, also known as spousal support, is a legal mechanism designed to address this economic disparity.

Alimony involves payments made by one spouse (the payor) to the other (the recipient) to help the recipient spouse become self-supporting. In Maryland, alimony is not awarded in every divorce, and determining whether it is appropriate, how much should be paid, and for how long, is a complex and often contentious process.

At Nguyen Roche Sutton, we understand that alimony is a critical issue that can significantly impact our clients’ financial futures. We represent both spouses seeking alimony and those from whom alimony is sought. Our attorneys have a thorough understanding of the factors Maryland courts consider when making alimony awards, and we advocate for our clients to achieve a fair and equitable outcome.

The Purpose of Alimony in Maryland

It is important to understand that in Maryland, alimony is not intended to be punitive or to reward or punish a spouse for their conduct during the marriage. The primary purpose of alimony is rehabilitative—to provide temporary financial support to a spouse who is not self-supporting, giving them time to acquire the skills and education necessary to re-enter the workforce and become financially independent. However, in some circumstances, alimony may be awarded for a longer period or even indefinitely.

Types of Alimony in Maryland

Maryland law recognizes three types of alimony, each serving a different purpose:

• Alimony Pendente Lite: This is temporary alimony awarded while the divorce case is pending. “Pendente lite” is Latin for “pending the litigation.” Its purpose is to maintain the financial status quo for both parties during the divorce process. This support is critical for leveling the playing field, ensuring the dependent spouse can cover living expenses and afford legal representation while the divorce is ongoing. An award of alimony pendente lite does not guarantee that alimony will be awarded in the final divorce decree.
• Rehabilitative Alimony: This is the most common type of alimony awarded in a final divorce decree. It is granted for a specific, limited period to allow the recipient spouse time to become self-supporting. The duration of rehabilitative alimony is based on how long it is reasonably expected to take for the recipient to gain the necessary skills, education, or work experience.
• Indefinite Alimony: In some cases, a court may award indefinite alimony, which continues for an unspecified period and may last until the death of either party or the remarriage of the recipient. Indefinite alimony is not the norm and is generally reserved for situations where:
  • Due to age, illness, or disability, the spouse seeking alimony cannot reasonably be expected to become self-supporting.
  • Even after the recipient spouse has made as much progress as can reasonably be expected, there remains an “unconscionably disparate” difference in the standards of living between the two former spouses.

Factors for Determining Alimony in Maryland

Unlike child support, there is no strict formula or calculator for determining alimony in Maryland. Instead, a judge must consider a variety of statutory factors to decide whether to award alimony and, if so, the amount and duration. The key factors include:

• 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.
• The standard of living that the parties established during the marriage.
• The duration of the marriage.
• The contributions, both 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 sought to meet their own needs while meeting the needs of the party seeking alimony.
• Any agreement between the parties.
• The financial needs and financial resources of each party, including all income and assets, and any award of marital property.

Because the court has broad discretion in weighing these factors, the strength of the legal arguments and the quality of the evidence presented are critical to the outcome.

Understanding Key Alimony Factors

While the court must consider all statutory factors, some carry significant weight in most alimony determinations.

• Standard of Living: The court does not just look at basic needs; it examines the lifestyle the parties were accustomed to during the marriage. This includes the type of home, vacations, and general spending habits. The goal of alimony is often to help the recipient spouse maintain a standard of living as close to the marital standard as possible, within the payor’s ability to pay.
• Monetary and Non-Monetary Contributions: Maryland law specifically recognizes that contributions are not just financial. The court gives significant weight to non-monetary contributions, such as one spouse managing the household, raising children, and supporting the other spouse’s career or education. This factor is essential for ensuring that a spouse who was out of the workforce is not unfairly penalized in the divorce.

Modification and Termination of Alimony

An award of alimony is not necessarily permanent. It can be modified or terminated under certain circumstances. An award of rehabilitative or indefinite alimony can be modified by the court if there has been a material change in circumstances since the original award was made. For example, a significant increase or decrease in either party’s income could be grounds for a modification.

Alimony automatically terminates upon:

• The death of either party.
• The remarriage of the recipient spouse.
• A date specified by the court in the divorce decree.

It is also important to note that the parties can agree in their Marital Settlement Agreement that the alimony award is non-modifiable. If the court incorporates such an agreement into the divorce decree, the amount and duration of alimony cannot be changed by the court at a later date.

How Nguyen Roche Sutton Can Help with Your Alimony Case

When facing a complex alimony case, you should not have to choose between high-level legal skills and personal, responsive service. At Nguyen Roche Sutton, we provide both. We have the experience to manage complex financial discovery, work with vocational experts to assess earning potential, and build a strong, data-driven case, and we pair this with a commitment to direct, accessible communication. You get steady guidance from your attorney, not a go-between, ensuring you understand your options and are prepared for the path ahead.

Schedule a Consultation

Alimony is a complex area of family law with significant financial consequences. If you are facing a divorce in Maryland, it is essential to have an experienced attorney who can protect your financial interests. Contact Nguyen Roche Sutton to schedule a confidential consultation.

Call (443) 702-5769 or complete our online contact form to schedule a consultation.

Frequently Asked Questions (FAQs)

How is the amount of alimony determined in Maryland?
There is no set formula for calculating alimony in Maryland. A judge will consider a list of statutory factors, including the length of the marriage, the standard of living during the marriage, the income and financial needs of each spouse, and the reasons for the breakdown of the marriage. The amount and duration of alimony are determined on a case-by-case basis.

Is alimony taxable?
Under the federal Tax Cuts and Jobs Act of 2017, for divorce agreements executed after December 31, 2018, alimony payments are no longer tax-deductible for the payor spouse and are not considered taxable income for the recipient spouse. This was a significant change from prior law.

Can I get alimony if I was the one who was at fault for the divorce?
Maryland has eliminated fault-based grounds for divorce. While the “circumstances that contributed to the estrangement of the parties” is still a factor a court can consider when awarding spousal support, it is just one of many factors. Adultery or other misconduct does not automatically disqualify a spouse from receiving alimony.

What is “rehabilitative” alimony?
Rehabilitative alimony is temporary spousal support intended to help a financially dependent spouse get back on their feet after a divorce. It is awarded for a limited period to allow the recipient time to gain the education, training, or work experience needed to become self-supporting.

Can men receive alimony in Maryland?
Yes. Maryland’s alimony laws are gender-neutral. Spousal support can be awarded to either a husband or a wife, depending on their relative financial circumstances and the other statutory factors.

What happens if my ex-spouse stops paying alimony?
If your ex-spouse fails to make court-ordered alimony payments, you can file a motion with the court to enforce the order. The court has several tools to enforce an alimony award, including holding the non-paying spouse in contempt of court, which can result in fines or even jail time. The court can also order the garnishment of wages or the seizure of assets.