Alimony, also called maintenance or spousal support, is a certain amount of money paid from one spouse to the other after a divorce or during the divorce process. These payments are included in a divorce agreement to help provide financial support for one spouse as they work to reestablish their lives and maintain a similar lifestyle to that of the marriage.
The court determines if alimony is granted and how much is provided. In some situations, it will also limit the timeframe for which a person receives alimony.
Generally, alimony can be awarded only before the final ending of the marriage. If you fail to make a claim for alimony as part of your divorce, you cannot come back after the marriage has ended and start an alimony claim.
Consulting a family law lawyer early in the process can help ensure your rights are protected. The Supreme Court of Maryland (formerly the Court of Appeals) has noted “[t]he longstanding rule in Maryland… that the right to claim alimony is extinguished at the time of the severance of the marital relationship.”
Is it Mandatory to Pay Alimony After a Divorce?
No, one spouse doesn‘t need to pay alimony after a divorce unless and until the court rules that this is required.
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What Qualifies a Spouse for Alimony?
Numerous factors play a role in whether or not a maintenance or alimony award is ordered. The court will look at various factors to determine if it is warranted. Some of those factors include:
- The standard of living both had during the marriage
- The earning potential of each spouse at the end of the marriage and over time
- The length of the marriage, noting that the duration of the marriage may also influence how long alimony continues
- Whether there are children and whether one party is paying child support
- The contributions of each spouse to the marriage, such as whether one stayed home with children while the other built a career
- The ability of the higher-earning spouse to afford to make payments to the lower-earning spouse
- The amount of education, training, and skills each spouse has
How Long do You Have to Be Married to Get Alimony?
The length of time you must be married to begin receiving alimony depends on numerous factors and will vary. However, if the marriage is very short, such as under one or two years, the award of alimony is less likely than if the marriage fails after a decade.
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Factors the Court Will Consider
When a court considers whether to award alimony, it considers various factors to determine the type, amount, and duration of the alimony. These factors are outlined in the Maryland Code, Family Law Section 11-106. The importance of each factor depends on individual circumstances. Judges (and magistrates) have very broad discretion.
Factors the court will consider in alimony decisions – the court shall consider all the factors for a fair and equitable award, including but not limited to:
- Financial needs and resources of each party: The court considers both spouses’ financial situation, income, and assets. The court will review:
- All income and assets, including all property that does not produce income;
- Any monetary award concerning property and award of possession and use of the family property;
- The nature and amount of the financial obligations of each party;
- The right of each party to receive retirement benefits
- Standard of living during the marriage: The court may look at the lifestyle and standard of living established during the marriage.
- Duration of the marriage: The length of the marriage is a significant factor. Longer marriages may be more likely to result in alimony awards.
- Contributions to the marriage: The court considers the contributions, both financial and non-financial, of each spouse to the marriage.
- Circumstances leading to the divorce: The reasons for the divorce may be considered, especially if one spouse’s actions significantly contributed to the breakdown of the marriage.
- Agreements between the parties: Any prenuptial or postnuptial agreements between the spouses may impact the court’s decision.
- Age and health of each party: Both spouses’ physical and mental health can be a factor in determining alimony.
- Ability of the party seeking alimony to be self–supporting: The court evaluates the recipient spouse’s ability to support themselves and may consider factors such as education, job skills, and employment opportunities.
- Whether the award would cause a paying spouse or a spouse who is a care facility resident with more than two patients to become eligible for medical assistance earlier than would otherwise occur.
The court has discretion to consider any other factors it deems relevant to the case’s specific circumstances. Alimony decisions are made on a case-by-case basis, and the court considers the unique facts of each situation. Additionally, the factors may be applied differently depending on the type of alimony sought.
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What Happens If You Cannot Make Alimony Payments?
If you fail to make spousal maintenance payments for any reason, the receiving spouse may pursue a contempt claim. This could lead to court-ordered wage garnishments or a limited amount of time to get caught up.
Types of Alimony
Alimony pendente lite
Alimony pendente lite is temporary financial support provided to one spouse during the divorce process. A court can award this type of alimony between the time you file for divorce (and request alimony) and the time the divorce is final.
This temporary support aims to ensure that both spouses can maintain a reasonable standard of living during the divorce process, especially if one spouse earns significantly less or is financially dependent on the other.
Alimony pendente lite is distinct from permanent alimony, which may be awarded as part of the divorce decree. Being awarded alimony pendente lite does not mean you will be awarded alimony after the divorce.
Rehabilitative Alimony
Rehabilitative alimony is financial support awarded to a spouse to help them while they work to become self-supporting. This may involve obtaining education, training, or work experience that allows the spouse to secure employment and become self-sufficient.
Rehabilitative alimony is usually awarded for a specific purpose and duration. For example, a court may award rehabilitative alimony for the two years it takes to return to school and finish a degree program that will enable you to support yourself.
Indefinite alimony
Indefinite alimony is financial support that is awarded without a predetermined end date. Indefinite alimony is a relatively rare type of alimony.
It is typically awarded when one spouse has a significantly lower earning capacity or financial need. The court determines that long-term support is necessary to maintain a reasonable standard of living.
This may occur in cases where a spouse has limited employability, is unable to work due to health reasons, or has other circumstances that make it challenging for them to become financially independent. Alimony awards may be modified, extended, changed, or ended 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.
Tax Consequences of Alimony
The following provides an overview of tax consequences based on the date the alimony award or agreement went into effect:
Agreements prior to January 1, 2019:
- Alimony is considered taxable income for the recipient spouse. The recipient must report alimony as income on their federal tax return.
- The paying spouse can deduct alimony payments from their taxable income on their federal tax return.
Agreements after January 1, 2019:
Under the Tax Cuts and Jobs Act:
- Alimony payments are no longer deductible for the paying spouse.
- Alimony received is no longer considered taxable income for the recipient.
Modifications of alimony agreements after January 1, 2019, will receive the same treatment as long as the modification:
- Changes the terms of the alimony, and
- States that alimony is not deductible to the payor and is not income to the receiving spouse.
Attorneys Fees
The obligation to pay attorney’s fees and costs related to bringing an action for divorce is closely related to alimony. The court may mandate that one party provide financial support for the other party’s legal representation and associated costs, depending on the parties’ financial situation.
This encompasses expenses like court fees and, in certain instances, the fees incurred by a private investigator.
Termination of Alimony
Unless agreed to otherwise, alimony ends on the following:
- The death of either spouse,
- The recipient’s spouse remarries, or
- If the court finds that termination of alimony is necessary for fairness (to avoid a harsh and inequitable result).
- For alimony pendente lite – when duration or fixed term is completed
If you feel that you are entitled to alimony, call the Bishop Law Group so that our team can set up a consultation and get you the support that you deserve as soon as possible.
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