When you’re facing divorce, money often becomes one of the hardest subjects to talk about. You may have spent years building a home, raising children, or supporting your spouse’s career, and now you’re wondering what your financial life will look like once everything changes. Questions about spousal support in Maryland often come up during this time, especially when one spouse has depended on the other financially.
As a MD family lawyer, I’ve guided many clients through this process and know how overwhelming it can feel when you’re unsure what will influence your financial stability after divorce. Before the court decides whether to award alimony, it considers several key issues—starting with the type of support being requested.
Types of Spousal Support in Maryland
Under Maryland Family Law § 11-101, a court may award alimony to either spouse during or after divorce proceedings. In Maryland, the terms alimony and spousal support mean the same thing—periodic financial payments from one spouse to the other, designed to create a fair balance after divorce. Temporary support during the divorce process is authorized under § 11-102, while § 11-106 outlines the factors courts use to determine rehabilitative and indefinite alimony.
Maryland recognizes three main forms of support:
- Alimony pendente lite: Temporary support paid while the divorce case is pending. It helps maintain the financial status quo until the court reaches a final decision.
- Rehabilitative alimony: Support for a set period that allows the receiving spouse to become self-supporting through additional education, training, or employment.
- Indefinite alimony: Long-term support awarded when one spouse cannot reasonably be expected to become self-supporting due to age, illness, or other serious limitations.
Each form serves a distinct purpose, and the court has very broad discretion when deciding which type, if any, to award.
Who Can Request Alimony
Either spouse can request alimony in a Maryland divorce case. The right to make an alimony claim must be raised before the divorce becomes final—otherwise, the opportunity is usually lost. If you believe spousal support will be an issue, it’s important to bring it up early so it can be addressed during the proceedings.
Maryland law allows the court to consider a request from either party, regardless of gender. Under the Equal Rights Amendment in Article 46 of the Maryland Declaration of Rights, the decision is based solely on financial need, the ability of the other spouse to pay, and the overall circumstances of the marriage.
In most cases, the court will examine whether the requesting spouse can meet their reasonable living expenses without assistance and whether the paying spouse has sufficient resources to contribute. Once those financial dynamics are established, the court moves on to determine what a fair and equitable award looks like in your specific case.
The Court’s Approach to Fair and Equitable Awards
When a judge evaluates whether to award alimony, the focus is on fairness. Under Maryland Family Law § 11-106, the court considers “all the factors necessary for a fair and equitable award.” No single factor outweighs the others. The goal is to balance financial needs with each spouse’s ability to meet them.
Judges in Maryland have very broad discretion when deciding both the amount and duration of spousal support. That flexibility allows the court to tailor an award to the circumstances of each marriage. The analysis begins with an in-depth look at both parties’ financial resources, living standards, and ability to be self-supporting.
The court may also consider any circumstances that contributed to the end of the marriage, though fault is generally secondary to the financial factors.
Financial Resources and Needs of Each Party
The court begins by examining the financial resources of both spouses. This includes income, assets, debts, and the ability to produce income through suitable employment. Judges also consider whether the paying spouse can meet their own living expenses after making alimony payments.
If the spouse requesting support has limited financial resources or insufficient education or work history, rehabilitative alimony may be awarded to give them time to become self-supporting. On the other hand, if both spouses are financially independent, the court may decide alimony is unnecessary.
Length of the Marriage and Standard of Living
The duration of your marriage matters. Long-term marriages are more likely to lead to alimony awards, especially if one spouse left the workforce for many years to raise children or manage the household.
The standard of living during the marriage also carries weight. The court considers what it will take for the receiving spouse to maintain a lifestyle reasonably comparable to what existed before the divorce. In most cases, divorce affects both parties’ finances.
Physical and Mental Condition of Each Spouse
Your physical and mental condition can significantly affect alimony decisions. If a spouse’s health prevents them from obtaining suitable employment, the court may find indefinite alimony appropriate. Conversely, if both spouses are healthy and capable of earning income, rehabilitative alimony may be more likely.
The court also considers medical expenses, mental health challenges, or disabilities that may limit a spouse’s ability to become self-supporting.
Contributions to the Marriage—Financial and Otherwise
Spousal support isn’t just about paychecks. The court looks at non-financial contributions, such as caring for children, supporting the other spouse’s career, or managing the household. These efforts often allowed one spouse to advance professionally while the other sacrificed earning potential. Maryland law recognizes those sacrifices as part of a fair award.
Ability of the Receiving Spouse to Become Self-Supporting
A key question in many divorce cases is whether the receiving spouse can become wholly or partly self-supporting. If additional education, training, or time is needed to reach that goal, the court may award rehabilitative alimony. If the gap between the spouses’ incomes or living standards remains significant, even after reasonable effort, indefinite alimony may be considered.
Ability of the Paying Spouse to Provide Support
For alimony to be awarded, the paying spouse must have the financial means to meet both their own obligations and the alimony payments. The court evaluates income, expenses, and overall financial situation to avoid placing either spouse in undue hardship. In some cases, tax consequences and other financial obligations (such as child support or retirement benefits) may also factor into the final decision.
Alimony Agreements Between Spouses
Some divorcing couples reach their own alimony agreements outside of court. Under Family Law § 11-101(c), these agreements are enforceable as part of the final divorce order. A written agreement can specify the amount, duration, and conditions for modifying or terminating payments. However, because such agreements are binding, it’s wise to review all terms with legal counsel before signing.
Modifying or Ending Alimony
Life circumstances change. If either spouse experiences a substantial change, such as job loss, retirement, or major health issues, the court may modify or terminate an existing alimony order. Under § 11-107, either spouse may petition for modification when a material change in circumstances occurs.
Temporary or rehabilitative alimony typically ends when the time period set by the court expires. Indefinite alimony can continue until either party dies or the recipient remarries unless the court orders otherwise.
The Court’s Discretion in Maryland Alimony Cases
Unlike child support, there is no fixed formula for alimony in Maryland. Judges have very broad discretion to determine what is fair based on the evidence presented. Each divorce case is unique, and even small differences, like a spouse’s health condition or the value of retirement benefits, can influence the resolution.
For that reason, gathering detailed documentation of your financial situation, employment history, and expenses is one of the most important steps in preparing your case.
Have Questions About Alimony? Contact the Law Offices of Ellen L. Lee Today
If you’re unsure what spousal support might look like in your divorce, you may be searching online for an “alimony attorney near me” who can explain how Maryland courts approach these cases. Understanding how judges determine fairness and duration can make a real difference in how you prepare for what comes next.
At the Law Offices of Ellen L. Lee, an alimony law firm based in Rockville, I take the time to understand your situation and explain how Maryland law handles spousal support in clear, practical terms. My background in psychology helps me recognize the emotional side of financial change during divorce, and I bring that awareness to every client I represent. Together, we’ll look at your options, discuss what the court may consider, and build a strategy that reflects both your financial needs and your long-term goals.
You can reach me at (301) 279-0692 or contact me online to schedule your confidential consultation. I offer appointments by phone, Zoom, or in person at my Rockville office, whichever makes this process easier for you.
Copyright © 2025. Law Offices of Ellen L. Lee, LLC. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Law Offices of Ellen L. Lee, LLC
110 N Washington St, #404
Rockville, MD 20850
(301) 279-0692
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