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Alimony > Maryland

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Alimony, also known as spousal support, is financial assistance paid by one spouse to the other during or after divorce. In Maryland, alimony is not automatically granted; instead, it is awarded based on a detailed evaluation of financial and personal circumstances. Whether temporary or long-term, alimony aims to promote fairness and help each spouse transition into post-divorce life with stability.

Types Of Alimony

  • Temporary Alimony (Pendente Lite): 

Awarded during the divorce process to help maintain the financial status quo until the court issues a final decision. It does not guarantee future alimony.

  • Rehabilitative Alimony: 

This is the most common form of alimony in Maryland. It supports the lower-earning spouse for a limited period, giving them time to gain education, job skills, or work experience.

Example: A spouse may receive alimony while finishing a degree or job training program.

Source: People’s Law, Jacobson Family Law

  • Indefinite Alimony: 

Granted when one spouse is unlikely to become self-supporting due to age, illness, or disability, or when there is a significant disparity in post-divorce living standards that would be considered unconscionable.

Source: People’s Law, MaritalLaws

  • Reimbursement Alimony: 

Awarded when one spouse has made substantial financial contributions to support the other’s career or education during the marriage. This form of alimony compensates for past sacrifices rather than future needs.

Source: People’s Law

Factors For Calculating Alimony

Under Maryland Family Law Code § 11-106, courts consider several factors to determine the type, amount, and duration of alimony:

  • Financial Needs and Resources: The court examines both spouses’ financial situations, including income, assets, and debts.
  • Standard of Living: The lifestyle enjoyed during the marriage is a significant consideration.
  • Length of Marriage: Longer marriages may justify longer or indefinite alimony.
  • Contributions to the Marriage: Includes both financial support and non-financial roles such as homemaking or career sacrifices.

Source: Jacobson Family Law, MaritalLaws

Relevant Case Law

  • Solomon v. Solomon (2004): This case highlighted the court’s discretion in awarding indefinite alimony where the recipient cannot achieve a comparable standard of living post-divorce (People’s Law).
  • Boemio v. Boemio (2010): Affirmed the importance of considering the lifestyle established during the marriage and each spouse’s potential to become self-supporting (People’s Law).

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