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What Factors Does a Maryland Court Consider When Awarding Alimony?

 Posted on March 18, 2026 in Divorce

Annapolis, MD Alimony LawyerIf you are going through a divorce in Maryland in 2026, you may wonder whether you or your spouse will have to pay alimony. Alimony is not given in every divorce. A judge looks at a list of specific factors to decide if it is needed, how much it should be, and how long it should last. Many people are surprised to learn there is no simple formula, and every case is different. A knowledgeable Annapolis, MD alimony attorney can help you understand what to expect.

How Does Maryland Law Determine Whether Alimony Is Awarded?

Alimony is a payment from one former spouse to the other after a divorce is finalized that may help a lower-earning spouse work toward becoming self-supporting after the divorce. Maryland courts can award alimony under Maryland Code, Family Law §11-106. This law lists 12 factors a judge must look at before making a decision. No single factor is the deciding one, and the judge looks at the whole picture for both spouses.

The CDC reports that there were 672,502 divorces in the United States in the most recent provisional national data, which shows how often courts and families deal with divorce-related financial questions.  Alimony issues come up in many divorce cases.

What Are the 12 Factors a Maryland Judge Uses to Decide Alimony?

Under §11-106, the court will consider:

  • Whether the spouse asking for alimony can support themselves, fully or in part
  • How long it will take that spouse to get the training or education needed to find work
  • The standard of living the couple had during the marriage
  • How long the marriage lasted 
  • What each spouse contributed to the family, including non-financial contributions like raising children
  • What led to the breakdown of the marriage
  • The age of each spouse
  • The physical and mental health of each spouse
  • Whether the paying spouse can meet their own needs while also paying alimony
  • Any agreement the spouses already have
  • Each spouse’s income, assets, and financial needs

This wide range of factors gives judges the freedom to make a fair call based on each couple’s unique situation. No two alimony cases are decided the same way.

What Are the Different Types of Alimony in a Maryland Divorce?

Maryland has three types of alimony:

Rehabilitative alimony is the most common. It is paid for a set period of time while the receiving spouse builds job skills or returns to the workforce. The goal is to give that spouse a realistic path to financial independence. For example, a parent who stepped away from their career to raise children might receive this type of support while going back to school or completing a job training program.

Indefinite alimony is rare. Courts award it when a spouse truly cannot become self-supporting due to age or a serious illness, or when the gap in the two spouses’ living standards after divorce would be extreme and unfair. Judges use it as a last resort.

Alimony pendente lite (Latin for "while the case is pending") is temporary support paid while the divorce is still in progress. It keeps things stable while the case is being decided and does not set the final amount.

Can Maryland Alimony Be Changed or Ended After the Divorce?

Rehabilitative alimony usually ends on the date set by the court. Unless the parties agree otherwise, alimony generally ends if either spouse dies, if the receiving spouse remarries, or if a court later orders it to end to prevent an unfair result. If either spouse experiences a major shift, such as a significant drop in income, a job loss, or a serious illness, either party can ask the court to change the amount. Indefinite alimony can also be changed or ended under the same rules. If you think a change may be needed, talking to an alimony attorney is a smart first step.

Schedule a Consultation with an Annapolis, MD Alimony Lawyer

Alimony can be one of the hardest parts of a Maryland divorce to resolve. The attorneys at the Law Office of Kari H. Fawcett are aggressive advocates who do not back down from a challenge. With more than 50 years of combined experience between our two attorneys, we fight to protect our clients’ financial futures. Call our Bowie, MD alimony lawyer today at 301-262-5500 to schedule your consultation.

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