Alimony, also known as spousal support or spousal maintenance, is a payment or series of payments made by one spouse (or former spouse) to the other as a continuation of the responsibilities of marriage. Except in limited circumstances, alimony is not to be considered a lifetime benefit. The ultimate goals of awarding alimony are to balance any unfairness in the parties' future earning capacities and ease the financial transition into single life.
There are three types of alimony provided for under Maryland law. The first is known as pendente lite alimony, also known as temporary alimony. The primary consideration for this type of award of alimony is based on the reasonable needs of the recipient spouse, balanced against the other spouse’s ability to pay. It is awarded for limited period of time, pending a full consideration of alimony in a divorce hearing. The second type of alimony is known as rehabilitative alimony and is intended to assist the dependent spouse in becoming self-supporting. When the dependent spouse becomes self supporting, the rehabilitative alimony ceases. The court will consider, at a minimum, a number of factors under Maryland’s alimony statutes to decide whether alimony should be awarded, the amount of the award and the length of time for which it is to be awarded. Recently, the Court of Appeals held that a court may also consult guidelines from other reliable and neutral sources to fashion an alimony award, as long as those guidelines do not conflict with or undermine the factors and considerations under Maryland’s statutes, Boemio v. Boemio, 414 Md 118 (2009). The third type of alimony is known as indefinite alimony. It may be awarded in those circumstances where, due to age, infirmity or disability, the dependent spouse cannot reasonably be expected to make substantial progress toward becoming self-supporting or, even when the dependent spouse has made progress, the respective standards of living between the parties are still grossly disproportionate. An award of indefinite alimony is the exception rather than the rule.
Many people are under the mistaken impression that alimony will always be awarded in every divorce action. Alimony is not calculated like child support, using a formula. The court has broad discretion to decide whether alimony will be awarded, after fully considering the facts of each case and the financial circumstances and resources of each of the parties.
If you have questions relating to alimony or any other issues related to divorce, contact an experienced Maryland Divorce and Alimony Lawyer to determine your rights and obligations.
