Alimony

Alimony is a payment made by a higher-earning spouse to a lower-earning spouse during and after divorce to ensure that the financial needs of the economically dependent person are met while he or she works to become self-supporting. Alimony isn’t always set in stone. Under Maryland law, either spouse can request a modification of alimony (such that the amount of monthly payments can go up, down, or terminate all together) under certain circumstances. Whether you are paying alimony or receiving alimony, it’s important to understand when alimony can be modified and how to pursue a modification when needed.

Key Takeaways

• To modify an existing alimony order, you must demonstrate a material change in financial circumstances.
• If a divorce decree specifically states that alimony is non-modifiable, the court cannot change the amount or duration of alimony, even if there has been a material change in financial changes.
• Alimony modifications do not always need to go to court. Alimony can be modified outside of court using alternative dispute resolution methods such as mediation, negotiation, and the collaborative process.

What is an Alimony Modification?

An alimony modification refers to the legal process of changing a current spousal support order. Generally, unless the settlement agreement specifically states that alimony is “non-modifiable,” an alimony order can be modified when there has been a material change in financial circumstances after divorce. A minor or temporary change in financial circumstances is unlikely to qualify. However, the court may consider an increase or decrease in payments if there has been a significant and ongoing change.

Non-Modifiable Alimony

There are certain situations in which alimony cannot be modified. If the divorce decree specifies that alimony is “non-modifiable,” the court cannot change the amount or the duration. In such cases, alimony will remain unchanged, regardless of any financial change of circumstances or future events.

When Can You Obtain an Alimony Modification?

To modify an existing alimony order in Maryland, you must show that there has been a material change in financial circumstances. Critically, the change must be significant, involuntary, and unforeseen at the time the original order was issued. Courts usually consider at least a 25% change in income to constitute a “material” change. Voluntary actions, such as quitting a job, often will not qualify as grounds for modification.

Some common reasons a court would modify an alimony order can include the following:

• Involuntary job loss: if the paying spouse loses his or her job involuntarily.
• Serious health issues: if a spouse suffers a serious illness or disability that prevents him or her from working.
• Significant shift in income: if there is a substantial increase in the recipient spouse’s income or a decrease in financial needs, a court may decrease or terminate alimony payments.
• Cohabitation: remarriage of the recipient will terminate alimony in Maryland. At times, the cohabitation of an alimony recipient may be grounds for alimony reduction or termination - if the cohabitation significantly changes the recipient’s financial need.

Notably, a party’s retirement can also be considered a material change in circumstances, if the retirement was not taken into consideration during divorce negotiations. For instance, if the paying spouse’s retirement is due to medical reasons, a court may reduce alimony or terminate it altogether. But if the retirement is voluntary, a judge might be less inclined to grant a downward modification. While every case has its own unique set of facts and circumstances, the court is required to evaluate certain statutory factors when determining if alimony, or an alimony modification is appropriate.

What is the Court Process for Modifying Alimony in Maryland?

To obtain an alimony modification, you must file a petition in court and serve the other party with notice of your request to modify alimony. The court will then schedule a hearing where both parties can present testimony, evidence, and argument regarding the merit of the modification of alimony request. Evidence can include financial records, medical reports, documentation of employment, and any other relevant information.

Former spouses can modify alimony without the need for litigation. An oral agreement to modify alimony is not legally binding. For an order to modify alimony to be legally enforceable, it must be in writing, and signed by both parties as well as a judge.

Alternatives to Litigating an Alimony Modification

An alimony modification does not have to be litigated in the courtroom and out-of-court alternative dispute resolution (ADR) methods such as mediation, negotiation, or the collaborative process should always be considered. Rather than being bound to the court’s rigid criteria, parties can find creative solutions using one of these out-of-court processes. Out-of-court settlement is often faster and more cost-effective than litigation and can allow the parties to confidentially discuss their financial needs without subjecting themselves to the adversarial courtroom environment.

Contact an Experienced Maryland Alimony Attorney

If you are considering requesting an alimony modification or have been served with a petition for alimony, it’s critical to have the legal guidance you need. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce and family law attorneys provide trusted representation for a wide range of divorce and family law matters, including those involving alimony modifications. Our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. To schedule a confidential consultation, call us at (240) 652-2596 or contact us online.

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 would it 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 allowing 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 (240) 652-2596">(240) 652-2596 or contact us online.

When a couple has been married and lived together for many years, it is not uncommon that one spouse will provide more financial support for the household than the other. When the marriage relationship breaks down, it can be challenging for the financially “dependent” spouse to fully separate from their shared household and live a financially independent life. If you have been financially dependent upon your spouse, you may wonder whether you will get alimony as part of your Maryland divorce, and how alimony is calculated.

What is Alimony?

Alimony is court-ordered financial support paid by one spouse (the payer) to the other spouse (the payee or recipient) leading up to a divorce or after the divorce is final. There are two types of alimony in Maryland:

• Rehabilitative alimony is short-term spousal support that is designed to support a dependent spouse while he or she takes steps to become self-supporting. This is the type of alimony more often awarded by the Court.
• Indefinite alimony has no specific end date and can be awarded in cases of disability, illness, age, or financial disadvantage, to help the payee maintain a standard of living similar to that experienced during the marriage

Alimony can be awarded retroactively to the date the request for support was filed. This means requests for alimony are often included in a dependent spouse’s initial complaint for absolute divorce.

Who is Entitled to Receive Alimony in a Maryland Divorce?

Alimony can be awarded to either spouse – husband or wife – based on that party’s needs and threats to their standard of living. At the core of every alimony decision are findings that one spouse is in need of financial assistance and the other spouse has the ability to pay. Often, it is awarded to a stay-at-home parent or homemaker, allowing them to reenter the workforce, receive additional training, or build up their resume to become self-supporting. Alimony can also be awarded if one spouse has significant physical or mental health disabilities that prevent them from working.

How is Alimony Calculated in Maryland?

At the Law Office of Shelly M. Ingram, we understand how alimony is determined, and the factors that must be considered, including who is entitled to receive payment. We know how to prove when spousal support is appropriate. If you need help supporting yourself following a divorce, contact us online to schedule a confidential consultation with a Maryland divorce attorney.

Unlike some nearby states, Maryland does not have a divorce alimony calculator or formula, so the judge will weigh many factors to calculate the amount of spousal support. Other states may calculate an appropriate alimony award to equalize the parties’ income, often calculated in addition to any child support the payee is entitled to receive. However, in Maryland, the amount and duration of alimony payments are based on the specific facts of each case, rather than setting a fixed amount based on a mathematical formula.

Factors Considered in Awarding Alimony

In deciding whether to award alimony, Maryland family court judges must consider all factors necessary to reach a fair and equitable award. What that means varies from case to case, but according to Maryland divorce laws, it includes:

• The recipient spouse’s ability to be wholly or partially self-supporting
• How long it will take for the payee to gain sufficient education and employment
• The family’s prior standard of living
• The length of the marriage
• Each spouse’s contributions – monetary and nonmonetary – to the family’s wellbeing
• The circumstances that contributed to the parties’ estrangement (what caused the divorce)
• The parties’ ages
• The physical and mental condition of each party
• They payer’s ability to pay alimony and still meet their own needs
• Any agreement between the parties
• The financial needs of each party (including income, income producing assets, retirement benefits, and financial obligations)
• Whether support would make a spouse eligible for medical assistance earlier than without it

A party seeking alimony should work with their Maryland alimony attorney to present evidence of their income, expenses, monthly payments or household budget, and even their mental and physical health to demonstrate that support is necessary in their case.

How are Spousal Support Payments Paid in Maryland

Alimony is generally awarded as a set amount paid per week, month, quarter, or year for a set amount of time in the case of rehabilitative alimony, or, in the case of indefinite alimony, until the payee remarries or the need for support ends. Sometimes, the court will enter an Income Withholding Order that will allow the payer’s employer to deduct support payments directly from the payer’s paycheck. Other times, the Court will permite a party to make direct payments to his or her former spouse.

In cases where periodic payments don’t make sense or there is risk of the payer depleting assets rather than satisfying his or her support obligations, the Court may order a lump-sum payment as part of the judgment of divorce. If the paying spouse is self-employed or does not receive a regular paycheck, this may also serve as a good reason for the Court to Order front-loaded or lump sum alimony which would allow the recipient spouse to invest the funds and use them as needed to pay for support and living expenses.

At the Law Office of Shelly M. Ingram, our Maryland divorce lawyers know how important alimony payments can be to help our clients put their marriage behind them and build a successful foundation for their future. We know when and how alimony will be awarded, and how to prove support is appropriate in your case. If you need help supporting yourself following a divorce, call us at (240) 652-2596">(240) 652-2596 or contact us online to schedule a confidential consultation with an attorney.