How does alimony work in Maryland?

Maryland alimony is governed by Md. Code, Family Law Article §§ 11-101 to 11-114 and recognizes three distinct forms.

1. Three Types of Alimony

Alimony pendente lite (§ 11-102) — paid while divorce is pending; ends with final decree.

Rehabilitative alimony (§ 11-106(c)) — for a defined period to enable the recipient to become self-supporting. This is Maryland's preferred form.

Indefinite alimony (§ 11-106(c)) — long-term/permanent alimony available only when:

- The recipient cannot reasonably be expected to make substantial progress toward becoming self-supporting due to age, illness, infirmity, or disability; OR

- Even after the recipient has made as much progress as reasonably expected, the parties' respective standards of living will be "unconscionably disparate."

The "unconscionable disparity" test is the most-litigated standard in Maryland alimony law.

2. The 12 Factors — § 11-106(b)

Court must consider:

Ability of party seeking alimony to be wholly or partly self-supporting

Time necessary to gain sufficient education/training

Standard of living established during marriage

Duration of the marriage

Contributions, monetary and non-monetary, to family well-being

Circumstances that contributed to estrangement of the parties

Age of each party

Physical and mental condition of each party

Ability of party from whom alimony is sought to meet own needs while meeting those of recipient

Any agreement between the parties

Financial needs and resources of each party (including all income, assets, retirement benefits, child support obligations, taxes, equitable distribution)

Whether award would cause spouse from whom alimony is sought to qualify for medical assistance earlier than otherwise

3. Marital Fault

Through factor 6 ("circumstances that contributed to estrangement"), Maryland courts consider marital fault including adultery, cruelty, and desertion.

4. Modification — § 11-107

Modifiable on a finding that the circumstances justify the action, unless the parties have a valid agreement that expressly states alimony is non-modifiable.

5. Extension of Rehabilitative Alimony — § 11-107(b)

A court may extend rehabilitative alimony beyond the original term on a finding of circumstances arising during the period of the award that warrant extension AND that termination would result in harsh and inequitable results.

6. Termination — § 11-108

Alimony terminates on:

Death of either party

Marriage of the recipient

A finding by the court that termination is necessary to avoid a harsh and inequitable result — which can include cohabitation

Cohabitation is not automatic termination but provides grounds for the court to terminate under § 11-108(3).

7. Tax

Federal TCJA applies — orders post-2018 are non-deductible/non-taxable.

This is legal information, not legal advice.