Alimony and Spousal Support in Maryland

Maryland has three types of alimony: pendente lite (temporary, while the case is pending), rehabilitative (for a limited time or purpose so a spouse can become self-supporting, the most common type), and indefinite. The court sets the amount and length after considering factors such as each spouse's ability to be self-supporting, time needed for education or training, the marital standard of living, the length of the marriage, each spouse's contributions, the circumstances of the estrangement, ages and health, ability to pay, any agreement, and each spouse's financial needs and resources. Indefinite alimony may be awarded if a spouse cannot reasonably become self-supporting because of age, illness or disability, or if the spouses' standards of living would still be unconscionably disparate. Alimony must be requested before the divorce is final.

Maryland is an equitable distribution state. The court first decides which property is marital property: property either spouse acquired during the marriage, however it is titled. Marital property does not include property acquired before the marriage, gifts or inheritances from a third party, property excluded by a valid agreement, or property traceable to those sources. The court may then transfer interests in certain property (such as retirement plans, family use personal property and the jointly owned family home) or grant a monetary award to adjust the spouses' rights fairly. Factors include each spouse's monetary and nonmonetary contributions, the value of each spouse's property, economic circumstances, what led to the estrangement, the length of the marriage, ages and health, and how the property was acquired. A spouse with custody of a child may be given use of the family home and family use property for up to three years.