Alimony in Maryland: Understanding Rehabilitative vs. Permanent Support

In Maryland, there are two types of alimony that can be awarded post-divorce: rehabilitative alimony and indefinite alimony, often referred to as permanent support. These payments are meant to help ensure the lower-earning spouse has the resources he or she may need when the marriage ends and a fair financial outcome is achieved. While alimony in Maryland is often one of the most contentious issues in divorce, it’s important to understand the difference between rehabilitative and indefinite alimony, and how an award of alimony is calculated.

Key Takeaways

• There are two types of alimony in Maryland that can be awarded as part of a divorce: rehabilitative and indefinite alimony.
• Rehabilitative alimony is short-term support awarded while a spouse gains the experience, education, and skills they need to become self-supporting. This type of support is preferred by the Courts and is designed to allow a spouse to transition and get back on his or her feet.
• Indefinite (or longer term and modifiable) alimony is awarded in cases where a spouse cannot become self-supporting due to disability, illness, or advanced age. This type of alimony has no set end date unless it is modified or terminated.
• Alimony in Maryland is not based on a fixed formula. Rather, courts consider a number of factors to determine whether alimony should be awarded and the amount. No factor weighs more heavily than any other and alimony is a difficult thing for any lawyer to accurately predict.

What is Rehabilitative Alimony?

Rehabilitative alimony is the most commonly awarded type of alimony in Maryland. This is short-term support that is designed to support a dependent spouse while they take the necessary steps to become self-supporting. The objective is to provide for the supported spouse as they gain the experience, education, training, or skills they need to become financially independent. Unlike permanent alimony, this type of support is limited in duration and has a specific end date.

What is Indefinite Alimony?

Indefinite alimony in Maryland has no end date. It is typically awarded in cases where a spouse cannot reasonably become self-supporting due to disability, physical or mental illness, or advanced age. This type of alimony is meant to address financial disparity and help ensure the financially dependent spouse does not suffer economic hardship after the divorce.

Indefinite alimony can be modified in the event there is a substantial change in the financial circumstances or financial need of either spouse, or terminated upon the death or remarriage of the recipient spouse. Although indefinite alimony is less commonly awarded than rehabilitative alimony, it is an important safeguard to prevent long-term financial hardship.

When is Temporary Alimony in Maryland Awarded?

Not to be confused with rehabilitative and indefinite alimony in Maryland, which are awarded post-divorce, temporary alimony is support that is awarded to a lower-earning spouse while the divorce proceedings are ongoing. Also referred to as pendente lite alimony, it is meant to help maintain the financial status quo between spouses before the divorce is finalized. Temporary or pendente lite alimony ends once the divorce decree is issued, at which time rehabilitative or indefinite alimony may be awarded.

How is Rehabilitative and Indefinite Alimony in Maryland Calculated?

Alimony in Maryland is not determined by a fixed mathematical formula. Rather, courts consider a number of factors to calculate the amount of spousal support that should be awarded. While the factors that are evaluated may vary depending on the facts of the case, they can include the following:

• The recipient spouse’s ability to become self-supporting
• How long it would take the recipient spouse to gain education and employment
• The prior standard of living during the marriage
• The duration of the marriage
• Each spouse’s monetary and non-monetary contributions to the family
• The circumstances surrounding the divorce
• The age and physical/mental health of each party
• Each spouse’s financial needs and resources
• Any valid prenuptial or postnuptial agreements addressing the issue of alimony

Alimony is a highly individualized determination in Maryland, with judges focusing on achieving an equitable financial outcome. Since the court has a considerable amount of discretion when it comes to awarding alimony and determining the amount, it’s often best for spouses to negotiate the matter between themselves.

Using Alternative Dispute Resolution to Determine Alimony

Spouses are not required to seek judicial intervention regarding the issue of alimony in Maryland. You and your spouse have the power and information required to negotiate the issue of alimony, including the amount to be paid and all other relevant terms outside of court. Specifically, mediation and the collaborative process can be used to help spouses communicate their specific needs and reach a creative resolution that might not be available in the courtroom. These options can allow spouses to remain in control of their case by crafting a tailored agreement, rather than allow a judge to decide how much alimony to award.

Alternative dispute resolution can also significantly reduce the time and expense that is often associated with litigating the issue of alimony. By focusing on compromise and cooperation, these out-of-court methods can also promote amicability between spouses, which is essential when there is a desire to create and promote a positive co-parenting relationship. In addition, the agreement reached in mediation or the collaborative process can offer a level of customization that provides a more durable resolution, reducing the likelihood of future disputes.

Contact an Experienced Maryland Divorce Attorney

If alimony is an issue in your divorce case, it’s crucial to have knowledgeable counsel by your side to ensure your rights and financial interests are protected. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys provide skilled representation for matrimonial matters, including those involving alimony. Our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. To schedule a confidential consultation, call us at (301) 658-7354 or contact us online.