Howard and Montgomery County, Maryland Alimony Lawyers

Essential alimony knowledge

Alimony is one of the topics about which we encounter the most questions, and for good reason. Despite its near-unavoidable presence in both reality and dramatic media portrayals, alimony is widely misunderstood. As such, we have selected the most common questions we receive that we consider to be essential knowledge during the divorce process for every client:

What are the three types of alimony?

In the short term, temporary alimony, also known as pendente lite alimony, is determined based on the needs of the spouse seeking alimony and the ability of the other to pay. Alimony terms after a divorce can be either indefinite or rehabilitative. Indefinite alimony may be awarded if (1) due to age, illness, infirmity, or disability, the party cannot reasonably be expected to make substantial progress toward self‑support; or (2) even after reasonable progress, the parties’ standards of living would be unconscionably disparate. Rehabilitative helps a lesser-earning spouse while they try to reenter the workforce, reeducate themselves, or develop a marketable skill.

How is the amount of alimony determined?

When assessing term or rehabilitative alimony, there are a myriad of factors for a judge or mediator to gauge, including:

• The ability of the party seeking alimony to be self-supporting
• The time necessary for the party seeking alimony to obtain sufficient education or training to find suitable employment
• Standard of living during the marriage
• Duration of the marriage
• The parties’ contributions, both monetary and non-monetary, to the marriage and the well-being of the family
• Circumstances contributing to the parties’ divorce
• Age of the parties
• Physical and mental condition of the parties
• The ability of the party from whom alimony is sought to pay while maintaining their own needs
• Any agreement between the parties, such as a pre- or post-nuptial agreement
• Financial needs and resources of the parties
• Whether the award would cause the spouse required to pay alimony to become eligible for medical assistance earlier than would otherwise occur

How long can alimony last?

This depends on the type of alimony being paid, but in general, alimony can last from a few months to terminating on the death of either party, the recipient’s remarriage, or if a court finds termination is necessary to avoid a harsh and inequitable result (unless the parties agree otherwise).

What happens if a spouse fails to meet an alimony obligation?

Based on the reason behind the non-payment of the alimony, the court has an array of options, ranging from adjusting the alimony agreement if the terms have become onerous, compulsory sale of property, or garnishment of wages or personal property, to as far as charging the spouse in question with contempt of court, which can lead to a prison term.

Can the court force my spouse to purchase life insurance as a “backup” to an alimony agreement?

No. Life insurance must be purchased voluntarily. A Maryland court generally cannot require a spouse to buy new life-insurance coverage but may approve or enforce an agreement to maintain existing coverage as security for alimony.

Is the alimony payment I receive considered taxable income?

No, alimony is not taxable income to the recipient, nor deductible to the payer, for divorces finalized after Dec. 31, 2018.

What options are there if my spouse needs help getting back on their feet?

Whether you're seeking support or facing a request, it's important to understand the types of alimony Maryland courts may award, and when they apply. In Maryland, courts recognize:

• Temporary alimony (alimony pendente lite) to maintain stability during the divorce process.
• Rehabilitative alimony, designed to help a spouse become self-supporting, is often used for education, job training, or career transitions.
• Indefinite alimony, reserved for rare cases where one spouse is unlikely to ever support themselves due to age, health, or significant financial disparities.

Each type serves a distinct purpose, and McCabe Russell Divorce and Child Custody Lawyers helps you assess which applies to your situation and how to work through the process with clarity and confidence.

Can alimony be modified if things change in the future?

Your circumstances can, and often do, change after a divorce. Luckily, alimony terms aren’t necessarily set in stone. Maryland courts allow modifications when there’s a significant change in circumstances—like income shifts, health changes, or remarriage. Extending the duration is only possible if not extending would be harsh and inequitable and the recipient petitions before the term ends.

While some alimony terms can be negotiated to limit modification, most court‑ordered alimony remains flexible, which helps ensure fairness for both parties over time. McCabe Russell Divorce and Child Custody Lawyers can help you understand your options and, when needed, guide you through the process of adjustment or enforcement.

How does Maryland decide when alimony ends?

Alimony doesn’t usually last forever, and knowing when it ends can make a world of difference. In Maryland, even so-called “indefinite” alimony typically ends upon the recipient’s remarriage or the death of either spouse, and courts may terminate, reduce, or modify payments if fairness requires it. Maryland courts view alimony as a transitional measure, not a lifetime pension, and the law provides for thoughtful endings that reflect change, not rigidity.

Types of cases we handle

Our attorneys handle a variety of family law cases, including:

• Divorce
• Asset Division for Business Owners
• Divorce Planning
• Mediation
• Alimony
• Collaborative Divorce
• Domestic Partnership Agreements
• Pre- and Post-Nuptial Agreements
• Asset Division
• Divorce Negotiation
• High Conflict Divorce