Handling Alimony in Maryland: Types, Duration, and Modification Rules
Navigating alimony—also known as spousal support—can be one of the most complex aspects of a divorce in Maryland. Understanding the different types of alimony, their duration, and the rules for modifying them can help you make informed decisions during this challenging time.
Types of Alimony in Maryland
Maryland law recognizes three primary types of alimony, each serving a distinct purpose:
- Alimony Pendente Lite: This is temporary financial support awarded during the divorce proceedings to maintain the financial status quo. It ends when the divorce is finalized.
- Rehabilitative Alimony: This type provides support for a limited time or purpose, such as enabling the recipient to gain education or training to become self-supporting. The duration varies but typically ranges from 3 to 10 years.
- Indefinite Alimony: Awarded when the recipient cannot reasonably be expected to become self-supporting due to circumstances like age, illness, or disability. This type is rare and may continue until the death of either party or the recipient's remarriage.
Duration of Alimony
The length of alimony payments depends on the type awarded and the specifics of the case:
- Alimony Pendente Lite: Ends when the divorce is finalized.
- Rehabilitative Alimony: Typically lasts for a set period, often between 3 and 10 years, depending on the recipient's needs and the court's determination.
- Indefinite Alimony: Continues until a triggering event occurs, such as the recipient's remarriage or the death of either party.
It's important to note that the court considers various factors when determining the duration of alimony, including the length of the marriage, the recipient's ability to become self-supporting, and the standard of living established during the marriage.
Modification of Alimony
Alimony can be modified in Maryland if there is a substantial change in circumstances. This includes:
- Significant change in income: A substantial increase or decrease in either party's income may warrant a modification.
- Health issues: Serious illness or disability that affects either party's ability to work or their financial needs.
- Cohabitation or remarriage: If the recipient cohabits with a partner or remarries, it may impact the need for alimony.
- Involuntary job loss or retirement: Significant changes in employment status that affect financial circumstances.
To request a modification, the requesting party must file a petition with the court, providing evidence of the changed circumstances. The court will then determine whether the modification is warranted based on the presented evidence.
Maryland Family Lawyers
Understanding the types, duration, and modification rules of alimony in Maryland is crucial for anyone going through a divorce. Each case is unique, and the court considers various factors to ensure a fair and equitable decision. If you're facing alimony issues, consulting with our experienced family law attorneys at Albers & Associates can help you navigate this complex area of law. Contact us today at (443) 665-8030 to get started.