Understanding Spousal Support in Maryland: A Guide to Alimony Payments

One of the most confusing, emotional parts of going through a divorce in Maryland is figuring out how alimony works. Maybe you’re wondering if you’ll have to pay it. Or maybe you’re relying on it to help you stay afloat after the marriage ends. Regardless, understanding how alimony payments work helps you make smarter decisions and set realistic expectations.

There are important questions to answer no matter which side of the table you’re on.

• Who can get alimony?
• How is it calculated?
• How long does it last?
• What happens if things change after the divorce is finalized?

We’ll answer those questions below.

What is alimony, anyway?

Alimony (sometimes called spousal support) is a court-ordered payment from one spouse to another during or after divorce to balance financial unfairness that might come from the end of the marriage. That’s particularly the case when one person relied on the other financially or gave up career opportunities for the sake of the household.

It’s also different from child support. Alimony is focused on the needs of the adult spouse, not the children, and it’s considered separate from property division or custody arrangements.

Who qualifies for alimony in Maryland?

Either spouse can request alimony under Maryland law. However, the court doesn’t automatically grant it. A judge looks at multiple factors before deciding whether alimony is warranted.

Some common reasons a spouse might ask for alimony include the following:

• They gave up career or education opportunities to support their spouse or raise children.
• There’s a significant difference in income and earning potential.
• They need help getting back on their feet after the divorce.

There’s no guarantee the court will award it. You’ll need to make a strong case, and that usually means working closely with spousal support lawyers who understand how judges evaluate these requests.

Maryland alimony types

There are three types of alimony under Maryland law. Each serves a slightly different purpose and has different implications for how long the payments last.

1. Pendente lite alimony

This type of alimony is temporary. It’s usually awarded during the divorce proceedings and ends when the divorce is finalized.

2. Rehabilitative alimony

This is the most common type of spousal support in Maryland. It gives the lower-earning spouse financial help until they can become more self-sufficient by finishing a degree, getting job training, or reentering the workforce. Courts usually assign a time limit to rehabilitative alimony.

3. Indefinite alimony

In some cases, a judge may award indefinite alimony if:

• The spouse has a disability or health condition that makes it impossible to work.
• There’s a significant, ongoing difference in each spouse’s standard of living, even if the other spouse becomes self-sufficient.

Note that indefinite alimony is relatively rare. Courts are generally moving away from long-term support and encouraging both spouses to work toward financial independence when possible.

How the court decides the amount and duration

There’s no fixed formula for alimony in Maryland, unlike child support. Judges consider several different factors, including:

• How long you were married
• Each spouse’s income/earning capacity
• Age and health considerations
• Marriage-related living standards
• Financial and non-financial contributions to the marriage
• Each spouse’s financial needs and resources
• Whether either spouse is receiving marital property or other assets
• Circumstances that led to the divorce (like infidelity or abuse)

Alimony decisions are handled on a case-by-case basis. Spousal support lawyers present a clear, well-documented case and advocate for an outcome that reflects your needs and situation.

Can you change alimony after divorce?

Divorce doesn’t end your life. Jobs change. Health conditions change. People remarry. Maryland courts recognize this, and in many cases, alimony can be modified or even terminated after the divorce is final.

You can ask the court to modify court-awarded alimony if there’s been a material change in circumstances (meaning something substantial and unexpected), like:

• A job loss
• A significant increase in income
• A serious illness or disability
• Remarriage usually ends alimony automatically (cohabitation, however, may justify a modification or termination if it significantly changes financial circumstances)

That said, some alimony agreements are non-modifiable if both parties agreed to that in writing.

What happens if alimony isn’t paid?

If someone doesn’t follow the court’s alimony order, there are consequences, including:

• Garnishing wages
• Charging with contempt of court
• Fines or even jail time

Having trouble making your alimony payments? Talk to a spousal support lawyer and ask the court to modify the order based on your current situation.

Tax rules for alimony

The tax treatment of alimony has changed in recent years. Under the 2017 Tax Cuts and Jobs Act, alimony payments are no longer tax-deductible for the payer, and they’re no longer considered taxable income for the recipient, for any divorce finalized after December 31, 2018.

However, if your divorce was finalized before that and hasn’t been modified since, the old rules may still apply. This can get complicated fast, so it’s worth checking in with a family lawyer or tax professional to understand how the current laws affect you.

Do you always need a lawyer to handle spousal support?

No, you can legally represent yourself in a divorce or alimony case. However, it’s not recommended.

Alimony cases are usually very emotional and financially complex. They also hinge on having the right legal strategy. A misstep in paperwork or a poorly presented argument could cost you thousands of dollars or leave you without the support you need to move forward.

Working with spousal support lawyers gives you the best chance of getting a fair result.

They can help you:

• Understand your rights
• Present a compelling case to the judge
• Negotiate settlements that reflect your needs
• Anticipate future changes and build flexibility into your agreement

Alimony is complicated

Spousal support has nothing to do with winning or losing. The court is just trying to give both spouses a level playing field but doing so isn’t as easy as it sounds. Whether you’re seeking alimony or being asked to pay it, you deserve a clear process that considers the full picture of your marriage and your future.

You don’t have to figure this out alone. If you’re facing a divorce in Maryland and you’re unsure about what alimony could mean for you, speak to experienced spousal support lawyers who can walk you through your options and help you chart the best course ahead.

Need help with spousal support?

At McCabe Russell, our attorneys are here to guide you with compassion, clarity, and deep knowledge of Maryland family law. Reach out today to schedule a consultation.