Alimony (Spousal Support)

As part of a divorce proceeding, the judge can determine whether either party is entitled to alimony, also called spousal support. Alimony is money paid from one spouse to the other as ordered by the court. Our alimony attorneys serve clients in Gaithersburg and throughout Montgomery County, helping them navigate these determinations from start to finish.

In Maryland, alimony is based on the need for economic support to meet living expenses. It isn’t awarded as a punishment, as compensation, or because one spouse owes the other a debt. Alimony can only be awarded before a judgment of absolute divorce is entered by the court. Once a party waives alimony and the divorce is granted, that party can’t return to court at a later date to request it.

If you have questions about alimony or spousal support, we’re here to help. Call us at (301) 857-4914 or contact our office to schedule a consultation.

Types of Alimony in Maryland

Maryland recognizes three types of alimony, each serving a distinct purpose depending on the circumstances of the parties at the time of divorce.

Temporary Alimony (Pendente Lite)

Temporary alimony, or alimony pendente lite, is support paid during the divorce proceedings. The order terminates at the conclusion of litigation.

Rehabilitative Alimony

Rehabilitative alimony is ordered for a specific period to allow the receiving party to complete education or training and become self-supporting.

Indefinite Alimony

Indefinite alimony is awarded only in very limited circumstances: when the receiving spouse, due to age, illness, infirmity, or disability, can’t reasonably be expected to make substantial progress toward self-support, or when the parties’ respective standards of living would be unconscionably disparate even after the receiving spouse has made as much progress as can reasonably be expected.

Factors Courts Consider When Awarding Alimony

Whether alimony should be awarded is a fact-driven determination that varies case by case. The court can consider several factors, including:

1. The ability of the party seeking alimony to be wholly or partly self-supporting;
2. The time necessary for that party to gain sufficient education or training to find suitable employment;
3. The standard of living the parties established during their marriage;
4. The duration of the marriage;
5. The monetary and nonmonetary contributions of each party to the well-being of the family;
6. The circumstances that contributed to the estrangement of the parties;
7. The age of each party;
8. The physical and mental condition of each party;
9. The ability of the party from whom alimony is sought to meet their own needs while also meeting the needs of the party seeking alimony;
10. Any agreement between the parties; and
11. The financial needs and resources of each party.

When Alimony Terminates & How It Is Taxed

Alimony terminates on the date set by the court, upon the death of either party, or upon remarriage of the receiving party. It’s also important to understand the federal tax consequences, which depend on when your divorce or separation agreement was executed. For agreements executed on or before December 31, 2018, alimony payments are generally taxable income to the recipient and deductible by the payor. For agreements executed after December 31, 2018, the Tax Cuts and Jobs Act eliminated both the deduction for the payor and the income inclusion for the recipient, so alimony is neither deductible nor taxable under those agreements. Clients should consult a tax professional about the specific consequences for their situation.

Modifying an Existing Spousal Support Order

An alimony award isn’t always fixed in its original form. Either party may petition the Montgomery County Circuit Court to modify an existing spousal support order when circumstances have meaningfully changed since it was entered.

To seek modification, the petitioning party must demonstrate a material change in circumstances, meaning a significant shift that wasn’t anticipated at the time of the original order. Common qualifying changes include a substantial increase or decrease in either party’s income, job loss, serious illness or disability, or the recipient spouse’s cohabitation with a new partner. Remarriage of the recipient spouse terminates alimony automatically. All other changes require a formal court petition.

When modification is granted, the court may adjust the amount, shorten or extend the duration, or terminate the award entirely, depending on what the circumstances warrant. Because modification requests are evaluated on their own facts, the outcome depends on how clearly the changed circumstances are presented to the court.

Schedule a Consultation

Our Maryland alimony lawyers can help present the facts and your circumstances to the court as it considers whether to award alimony. Contact our office today to schedule a consultation for your Gaithersburg or Montgomery County case.

Fill out the contact form or call us at (301) 857-4914 to schedule your consultation.