How Is Spousal Support Determined in Maryland?

Spousal support, or alimony, is determined by analyzing the factors which are set forth in the Annotated code of Maryland, Family Law article, section 11-106:

1. the ability of the party seeking alimony to be wholly or partly self-supporting;



2. the time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment;
3. the standard of living that the parties established during their marriage;
4. the duration of the marriage;
5. the contributions, monetary and nonmonetary, of each party to the well-being of the family;
6. the circumstances that contributed to the estrangement of the parties;
7. the age of each party;
8. the physical and mental condition of each party;
9. the ability of the party from whom alimony is sought to meet that party’s needs while meeting the needs of the party seeking alimony;
10. any agreement between the parties;
11. the financial needs and financial resources of each party, including:
    (i) all income and assets, including property that does not produce income;
    (ii) any award made under §§ 8-205 and 8-208 of this article;
    (iii) the nature and amount of the financial obligations of each party; and
    (iv) the right of each party to receive retirement benefits; and
12. whether the award would cause a spouse who is a resident of a related institution as defined in § 19-301 of the Health-General Article and from whom alimony is sought to become eligible for medical assistance earlier than would otherwise occur.

A case-by-case analysis of the above factors must be made in each case in which alimony is being requested. When considering the factors, it is helpful for a comprehensive budget to be prepared based upon the couple’s past spending, and also a second budget that forecasts each spouse’s future financial picture once divorced. At attorney and also a divorce financial planner can be helpful in creating these financial budgets. Rehabilitation alimony, which is alimony paid for a finite period of months or years, is awarded with the purpose of allowing the party seeking alimony time to obtain work experience and/or additional education and training with the goal that he/she will become financially self-supporting by the time alimony payments end. Indefinite alimony, known as “lifetime alimony” is reserved for special circumstances in which the person seeking alimony is unlikely to ever become self-supporting, based upon his or her age, illness, infirmity, or disability, or if the parties’ incomes will always be unconscionably disparate despite all efforts being made to be fully self-supporting.