Maryland Alimony & Spousal Support

Courts only award alimony to one party in a divorce case before the divorce decree is finalized. Therefore, someone seeking alimony must ask for it as part of the divorce proceedings; it cannot be granted after the divorce is done. 

While both parties can jointly propose what they consider to be fair alimony arrangements, it is ultimately the Court’s sole decision as to whether, what kind, and how much spousal support is granted as part of the divorce decree. 

Judges consider many characteristics in an alimony claim, such as: 

• How long the marriage lasted; 
• What the household’s standard of living was before divorce proceedings; 
• Who contributed what to the divorce, both financially and materially; 
• Who can join (or rejoin) the workforce, and how much they might make; and 
• What led to the divorce, if an at-fault divorce is filed. 

This is by no means an exhaustive list of alimony considerations. Maryland judges have the freedom to make their decision based on any circumstances or details about the alimony claim they consider relevant to a specific case.  

In addition to a general lump payment, the Court may also award other types of spousal support. For example, a judge may order that one party’s mortgage be paid for a certain amount of time, or that school fees associated with education toward a future career be reimbursed. 

The Court may also order accumulated legal fees to be reimbursed at the conclusion of the divorce. 

Sometimes, one party in a divorce seeks alimony to “punish” their former spouse. They may ask for an excessive amount of spousal support. 

We often see the would-be provider unable to make both spousal support payments and their own household bills. 

There are several defenses against excessive alimony and spousal support, including: 

• Showing that the requested alimony is excessive and beyond what’s “necessary” to pay; 
• Proving that spousal support payments would cripple the payer financially; or 
• The other party is being needlessly vindictive in their alimony claims. 

Of course, the approach of countering an alimony claim largely depends on each individual divorce proceeding – and the Court and judge making the final decree.