DivTips: Divorce Tips and Topics

Spousal Support

The payment for support of an ex-spouse which is ordered by the court. in a proceeding for divorce, alimony, or annulment of marriage, the court may award alimony pendente lite to either party. (Maryland Code: Title 11, Subtitle 11-102

(a)  Court to make determination.- (1) The court shall determine the amount of and the period for an award of alimony. (2) The court may award alimony for a period beginning from the filing of the pleading that requests alimony. (3) At the conclusion of the period of the award of alimony, no further alimony shall accrue. (Maryland Code: Title 11, Subtitle 11-106)

(b)  Required considerations.- In making the determination, the court shall consider all the factors necessary for a fair and equitable award, including: (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. (Maryland Code: Title 11, Subtitle 11-106)

(c)  Award for indefinite period.- The court may award alimony for an indefinite period, if the court finds that:  (1) due to age, illness, infirmity, or disability, the party seeking alimony cannot reasonably be expected to make substantial progress toward becoming self-supporting; or  (2) even after the party seeking alimony will have made as much progress toward becoming self-supporting as can reasonably be expected, the respective standards of living of the parties will be unconscionably disparate.  (Maryland Code: Title 11, Subtitle 11-106)