Alimony evokes a strong reaction. From both spouses: whether paying or receiving. Giving alimony a bad rap.

Also known as “spousal support” or “spousal maintenance,” many alimony stereotypes exist. Perhaps most prevalent is the misconception that alimony rewards the greedy, vexed ex-spouse and intends to punish their former marriage partner.

Another is the very outdated perception that only women receive alimony. Not so in today’s world, where stay-at-home dads are common and many women’s incomes exceed her male counterparts.

Yet another is that alimony is a lifetime reward.

All of these stereotypes are false and don’t capture the policy intentions behind alimony in divorce proceedings, or the real necessity that alimony serves.

What Is Alimony In Maryland?

All states have alimony laws, though they vary widely.

In Maryland, the policy behind alimony is one of helping spouses become self-supporting and bridging “unconscionable disparity” between spouse incomes. Which boils down to financial fairness. When weighing whether to award alimony, judges often consider about a dozen or more factors, and there is no set or standard amount for alimony payments. (Unlike child support in Maryland, there are no mandatory alimony guidelines.)

Alimony, or spousal support, is a monthly amount awarded by a judge after a trial or agreed upon by spouses in settlement in a divorce case. The order mandates one spouse to pay money to the other spouse, and this monthly payment is designed to provide sufficient support to a spouse who needs assistance post-divorce to pay their reasonable expenses. Questions about alimony after remarriage often arise later, once circumstances change.

In Maryland, the law currently provides for three types of alimony. Let’s walk through each.

The first is called “pendente lite” alimony. “Pendente lite” is a Latin legal term that means “pending the suit” or “during the litigation.” This type of alimony is awarded temporarily while the divorce proceedings are underway and no final order has been issued. “Pendente lite” alimony is the court’s way of maintaining financial status quo, as much as possible, so one spouse is not impoverished during the divorce.

A second type is “rehabilitative alimony,” which is awarded for a specific period of time after the divorce becomes final. The purpose of rehabilitative alimony is to help the receiving spouse gain the education, training, skills, and experience to become self-supporting. When alimony is appropriate, rehabilitative alimony is favored by the Court. It can be modified to indefinite in certain situations.

The third type of alimony is “indefinite alimony.” And as its name suggests, an award of indefinite alimony begins after the divorce is final and has no expiration date. (Though it can be terminated or modified in certain situations, which we’ll discuss in just a bit.)

When Is Alimony Awarded In Divorce Cases in Maryland?

In deciding when to award alimony, courts first look at the details of the marriage, including the length of the union, the standard of living of the couple during the marriage, and contributions to the marriage by each spouse.

When considering contributions, courts will look at both economic and non-economic contributions.

For example, perhaps one spouse worked while the other spouse earned their M.B.A. Or maybe one spouse left their profession to become a stay-at-home parent when the couple had children. These examples illustrate just some of the many types of non-economic contributions judges weigh when deciding alimony.

Other financial elements judges consider include:

• Each spouse’s income and assets, including property that does not produce income;
• Any monetary award concerning property;
• The award of the marital residence;
• Current financial obligations of each spouse; and
• A spouse’s right to receive retirement benefits.

And still other considerations judges weigh are:

• Each spouse’s age, physical health, and mental health;
• The ability of each spouse to financially support themselves;
• Education, past income levels, and job skills of each spouse; and
• The employment opportunities likely available to each spouse.

Another important consideration is whether, before the divorce was initiated, both spouses signed an agreement regarding any future alimony payments. This agreement could be a prenuptial or postnuptial agreement. So long as the agreement addresses alimony, the presiding divorce judge is likely bound to the terms of these types of agreements.

When Is Alimony Automatically Terminated?

In the State of Maryland, alimony or spousal support will automatically terminate if one of the following conditions is met:

• The time period for which alimony was awarded expires (for pendente lite or rehabilitative alimony);
• Either spouse dies; or
• The spouse receiving the payments remarries.

Remarriage And Alimony In Maryland

The term “remarries” is interpreted literally by Maryland courts. Meaning, there must be an actual remarriage of the spouse who receives alimony. Maryland does not allow establishment of “common law marriage,” so there must be participation in a lawful marriage ceremony for the legal status of “remarried” to be created.

If there is a remarriage, the assumption is that the new spouse will provide support, and that alimony is no longer necessary.

But, this is not an absolute; it’s all in the details of the specific language in your divorce agreement or separation agreement.

For instance, some agreements contain clauses for non-modifiable or contractual alimony that can override the automatic termination. Understanding what your specific agreement allows for (and doesn’t allow for) is critical to making well-informed decisions concerning alimony, whether you are on the paying or receiving end.

Cohabitation And Alimony In Maryland

Living with someone who is a romantic partner is not enough on its own. Under Maryland law, this arrangement is called “cohabitation,” which is a relationship between individuals who live together but are not legally married.

While alimony payments can be affected by cohabitation, they are not automatically terminated by an ex-spouse’s cohabitation with another individual. Court-ordered alimony does not terminate upon cohabitation. Agreement-based alimony may terminate upon cohabitation if included in the agreement.

The Procedure To Terminate Alimony In Maryland

Termination of the actual payments may not occur automatically on remarriage. If alimony is paid directly between the ex-spouses, then a spouse can stop paying when marriage occurs. But if alimony is paid through the Office of Child Support Enforcement or an Earnings Withholding Order on an employer, steps need to be taken to file in Court for an alimony termination order. Which takes time to work its way through the Court process.

This requires the spouse paying alimony to petition the court to terminate alimony and the withholding/payment through the Office of Child Support Enforcement.

When filing to terminate alimony due to cohabitation, this requires the paying spouse to petition the court to terminate alimony due on “a harsh and inequitable result.” While this is a high standard, it can be met under certain circumstances.

Need Help With Your Alimony?

Whether you want to establish, enforce, or modify an alimony agreement or order, I’m here to help guide you. Because each process is different and complex, the assistance of a skilled lawyer could make a significant difference on your bottom line, sometimes for years to come.

Ready to take control? Contact me today to schedule a confidential consultation.