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:
- the ability of the party seeking alimony to be wholly or partly self-supporting;
- the time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment;
- the standard of living that the parties established during their marriage;
- the duration of the marriage;
- the contributions, monetary and nonmonetary, of each party to the well-being of the family;
- the circumstances that contributed to the estrangement of the parties;
- the age of each party;
- the physical and mental condition of each party;
- 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;
- any agreement between the parties;
- 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 - 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.