Details on Alimony Awards in Maryland

Published on
October 27, 2021
Written by
Angel Murphy
Category
Divorce

Alimony – referred to in some instances as “spousal support” or spousal maintenance – is a type of financial support awarded during or after a divorce in certain circumstances. In the State of Maryland, judges have broad leeway in determining whether to grant alimony awards, as well as the details of the awards (i.e. amount, frequency, etc.). In this post, we will provide some details on alimony awards in Maryland; specifically, we will examine the types of alimony which can be awarded, the determination process involved, and other significant facts.

Types of Alimony in Maryland

Alimony awards can take one of three forms: temporary, rehabilitative, and permanent. These different types of awards serve different purposes. Temporary alimony is awarded during the divorce process itself. Divorces can sometimes take a long time to complete, particularly when the divorce is complex. For this reason, one spouse might occasionally need assistance during the divorce process as he or she may be ill-prepared for dealing with a new financial situation. Hence, temporary relief fills this gap.Rehabilitative alimony refers to awards given to bring one spouse up to a level where he or she can become self-supportive. In many cases, one spouse reduces his or her earning capacity during a marriage to attend to other responsibilities. Consequently, one spouse commonly ends up with lower earning power over time. Rehabilitative support is meant to assist the lower-earning spouse until that spouse can earn at a greater level.Finally, permanent alimony refers to a situation in which awards are given for an indefinite time. This type of alimony is awarded when the spouse needing support is unable to become financially self-sustaining. This could be due to an illness, injury, disability, or other reasons.

Judges Have Discretion to Determine Alimony Awards

Judges do not simply give alimony in all instances. And, contrary to what many laypeople assume, alimony awards are not given indiscriminately without taking account of all the facts; nor do judges simply give lavish awards for no reason. To even consider alimony, Maryland judges first need to see evidence of two things: a spouse who needs support, and a spouse who can provide financial assistance. After seeing clear evidence of these things, judges have considerable leeway in making their determinations. This means that there is no established formula that judges use to calculate awards. Judges conduct case-by-case analyses and make independent determinations regarding awards. However, judges in Maryland give weight to a range of factors that are known to be significant. Of course, new factors might be significant depending on the situation; but, generally speaking, judges know what to look for when they conduct their analysis. For instance, judges will give weight to the following factors: the standard of living during the marriage, each spouse’s contributions during the marriage, each spouse’s education and earning capability, the length of the marriage, each spouse’s preexisting financial commitments and needs, each spouse’s age and physical health, and so forth.

Payment Arrangements Can Vary

After reviewing all relevant factors, Maryland judges will determine whether alimony is appropriate in a given case. In addition, judges will determine the payment arrangements which apply. Judges will decide the amount of the awards and also the frequency by which the awards will be paid. Depending on the case, a judge may order bi-weekly payments, monthly payments, bi-annual payments, or even a lump sum payment. Different payment arrangements suit different circumstances. In a situation where a spouse needs money to live on immediately, a judge may order a lump sum payment. This might be the case if the spouse is unemployed and needs resources immediately.

Contact The Murphy Law Firm to Learn More

This is only meant to serve as an introduction to alimony awards in Maryland. There is more to know. If you need more information, please reach out to The Murphy Law Firm by calling 240-493-9116.

Angel Murphy

Personable. Passionate. Persistent.

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