Establishing Alimony in Maryland
Before a court can enforce or modify an alimony order, that order first has to be established. In Maryland, alimony is not automatic — it is awarded based on a detailed review of both spouses’ circumstances, and the amount, duration, and type depend heavily on the specifics of each case.
How Maryland Courts Decide Alimony
When determining whether to award alimony, and how much, Maryland courts weigh a range of factors, including:
- Each spouse’s ability to be wholly or partly self-supporting
- The time needed for the requesting spouse to gain the education or training necessary to find suitable employment
- The standard of living the couple established during the marriage
- The length of the marriage
- Each spouse’s financial and non-financial contributions to the marriage’s well-being, including homemaking and child-rearing
- The circumstances that led to the estrangement of the spouses
- The age and physical and mental condition of each spouse
- The ability of the paying spouse to meet their own needs while paying alimony
Types of Alimony
Maryland recognizes several forms of alimony, and which type applies can significantly affect a case:
- Pendente lite alimony, awarded temporarily while a divorce case is pending
- Rehabilitative alimony, the most common form, intended to support a spouse for a defined period while they become self-supporting
- Indefinite alimony, reserved for limited circumstances, such as when a significant disparity in the spouses’ standards of living would otherwise result, or when a spouse cannot become self-supporting due to age, illness, or disability
Working With an Experienced Alimony Attorney
Because alimony determinations involve significant discretion on the part of the court, having skilled legal representation from the outset can make a meaningful difference in the outcome. Our attorneys help clients present the strongest possible case for establishing a fair alimony arrangement, whether that means securing support or limiting an unwarranted request.
Enforcement of Property Division
Court orders or agreements between parties regarding alimony and the division of marital property in DC and Maryland are not usually modifiable. However, if the terms of a court order or agreement regarding the equitable distribution of marital property are not followed by the one party, the other party may have a right to enforce the order or agreement and have the other party held in contempt of court. If you have questions about modifying your existing court order or agreement, or if the opposing party has failed to comply with an existing court order or agreement, our experienced attorneys can help advise you of your rights and the appropriate actions to take.
How to Enforce a Prenuptial Agreement, Postnuptial Agreement or Separation Agreement
Prenuptial agreements, postnuptial agreements, or separation agreements can be modified only if the parties agree to said modifications and the agreed upon changes are reduced to a signed writing. Couples sometimes agree to deviate from the terms of a written agreement but said actions do not change the actual terms of the written agreement. If one party does not follow the terms of a prenuptial agreement, a postnuptial agreement, or a separation agreement, the other party is not relieved of the obligation to abide by the terms therein. For questions regarding these types of matters regarding alimony, contact one of our attorneys.