Alimony is a periodic payment by one former spouse to the other, usually designed to provide an opportunity for the recipient spouse to become self-supporting.  Alimony is not awarded in every divorce; if it is awarded, it is usually granted for a certain period of time and is calculated using a complex series of factors with wide latitude by the courts in setting the amount and the terms of the payments.

Alimony can be awarded only as part of a divorce proceeding, prior to a final divorce settlement. The state of Maryland has established that the right to claim alimony is extinguished at the time of the severance of the marital relationship.

If you sign an agreement about alimony as part of your divorce negotiations or agreement, the court is likely to be "bound" by that document. This means that the court will not be able to change the agreement as part of your divorce. An agreement between spouses can be broader than what the court might decide if asked to award alimony on its own. For example, the court will only award a periodic monetary payment; whereas an agreement between spouses can be tailored for the individual needs of the parties, such as covering payment of a mortgage or other type of support.

In Maryland, either a husband or a wife in a marriage may be required by the court to pay alimony.

There are three main types of alimony which can be awarded by courts:

• Temporary Alimony (“pendente lite”)– This alimony is paid between the filing for divorce and the time the divorce is final in order to maintain the status quo during the divorce.
• Rehabilitative Alimony – This is the most common type of alimony, and is often attached to a certain goal of the dependent spouse, such as earning a degree. Each case is different, but depending on the circumstances an average of 3-10 years of rehabilitative alimony could be awarded. 
• Indefinite alimony – This is a relatively rare type of alimony awarded with no specific end point.

Alimony awards may be modified, extended, or changed or terminated in the future. This may happen if one of the ex-spouses asks the court to consider the alimony amount in the future and circumstances have changed. The courts will consider the amount based on a number of factors, including your financial situation during the marriage and your age and health. Other important considerations include the amount of alimony, also determined either by agreement of the parties or the courts, and the tax implications of the award.

I hope that you will give me a call so that I can work with you to realize an equitable alimony settlement in your divorce. Please call the Law Office of Craig J. Little 443-895-1688 for advice and guidance in this important matter.