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, 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.
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.
Maryland law recognizes three types of alimony, each serving a different purpose:
Unlike child support, which relies on relatively strict state guidelines and mathematical formulas, alimony in Maryland is not governed by a rigid statutory calculator. Instead, Maryland courts exercise broad judicial discretion when deciding whether to award spousal support, as well as when determining the appropriate amount and duration of the payments.
Under Maryland Code, Family Law § 11-106, a judge must review and evaluate a specific list of statutory factors before making a decision. Because no single factor automatically outweighs the others, presenting clear evidence and strong legal arguments is essential for both the paying and receiving spouse.
The primary statutory factors Maryland courts consider under Md. Code, Fam. Law § 11-106(b) include:
The primary goal of alimony in Maryland is rehabilitative—to provide temporary support while the recipient becomes self-supporting. Pursuant to Md. Code, Fam. Law § 11-106(b)(1)–(2), the court evaluates:
Under Md. Code, Fam. Law § 11-106(b)(3), the court examines the lifestyle established by the couple while they were married. While post-divorce resources may not always allow both parties to maintain the exact same standard of living, the court attempts to prevent a severe financial disparity where one spouse lives in luxury while the other struggles to cover basic necessities.
The length of the marriage is a crucial factor under Md. Code, Fam. Law § 11-106(b)(4) in both the likelihood of an alimony award and its duration. Long-term marriages (often 15 to 20 years or more) are more likely to result in longer rehabilitative awards or, in certain circumstances, indefinite (permanent) alimony. In shorter marriages, awards tend to be brief or may not be granted at all.
Maryland law under Md. Code, Fam. Law § 11-106(b)(5) explicitly recognizes that contributions to a marriage extend beyond paycheck sizes. The court weighs:
Fault plays a role in Maryland alimony determinations under Md. Code, Fam. Law § 11-106(b)(6). The court considers the reasons for the breakdown of the marriage, such as adultery, desertion, or cruelty. While fault does not automatically guarantee or bar an alimony award, egregious conduct by one party can influence the court’s decision regarding financial relief.
Under Md. Code, Fam. Law § 11-106(b)(7)–(8), the physical health, emotional well-being, and age of both spouses are key indicators of future earning capability. Advanced age or severe chronic health conditions may impede a spouse’s ability to re-enter the workforce, increasing the likelihood of a longer or indefinite alimony award.
Alimony cannot be awarded in a vacuum; under Md. Code, Fam. Law § 11-106(b)(9), the court must evaluate the paying spouse’s financial capacity. The court ensures that the supporting party can meet their own reasonable daily living expenses and obligations while simultaneously making support payments to the recipient.
If the spouses executed a valid prenuptial, postnuptial, or marital separation agreement that addresses spousal support, under Md. Code, Fam. Law § 11-106(b)(10), the court will generally enforce the agreed-upon terms, provided the contract is legally binding and fair.
Under Md. Code, Fam. Law § 11-106(b)(11), the court analyzes the overall financial landscape of both parties, including:
Maryland recognizes three main types of alimony: pendente lite (temporary support during the divorce proceedings under Md. Code, Fam. Law § 11-102), rehabilitative (the standard award meant to cover a transition period under Md. Code, Fam. Law § 11-106(a)), and indefinite (awarded under Md. Code, Fam. Law § 11-106(c) if the recipient cannot reasonably become self-supporting due to age or illness, or if the unmitigated financial disparity between the spouses remains unconscionably harsh).
Because judges hold wide latitude in weighing these statutory criteria, outcome predictability relies heavily on thorough documentation. Detailed financial statements, vocational evaluations, medical records, and lifestyle evidence are vital to establishing a compelling case for or against an alimony award in Maryland.
While the court must consider all statutory factors, some carry significant weight in most alimony determinations.
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:
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.
When facing a complex alimony case, you should not have to choose between high-level legal skills and personal, responsive service. At Nguyen Roche, 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.
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 to schedule a confidential consultation.
Call (443) 702-5769 or complete our online contact form to schedule a consultation.
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.
Last Updated: November 2026
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