Alimony Laws in Maryland (2025): Everything You Need to Know
Maryland’s alimony laws are more restrictive than those in many other states. Understanding how spousal support works here can help you protect your financial future during a divorce.
This article covers the types of alimony, how courts decide the amount, what can end payments, and recent tax changes that affect both paying and receiving spouses.
What Is Alimony?
Alimony (sometimes called spousal support) is a court-ordered payment from one spouse to another during or after divorce, to balance financial unfairness that might come from the end of the marriage.
Alimony is not automatically awarded in every Maryland divorce case. A judge will only grant it if one spouse demonstrates a clear financial need and the other has the ability to pay.
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. This makes it essential to request it before the divorce is finalized.
The 3 Types of Alimony in Maryland
1. Temporary Alimony (Alimony Pendente Lite)
Temporary alimony, also known as alimony pendente lite, is short-term financial support granted by the court to a financially dependent spouse during the divorce process.
Temporary alimony typically covers essential expenses such as housing, utilities, food, and other necessities. The court may award this support from the time the divorce petition is filed until the final divorce decree is entered.
Being awarded temporary alimony does not mean you will receive alimony after the divorce. It is only meant to maintain the status quo while the legal process plays out.
2. Rehabilitative Alimony
Rehabilitative alimony is the most common type of spousal support award in Maryland. This form of alimony is designed to be temporary and goal-oriented, providing financial assistance while the receiving spouse works toward becoming self-supporting.
For example, a court may award you rehabilitative alimony for the two years it takes you to return to school and finish a degree program that will enable you to support yourself.
3. Indefinite (Permanent) Alimony
The court may award alimony for an indefinite period if it finds that due to age, illness, infirmity, or disability, the party seeking alimony cannot reasonably be expected to make substantial progress toward becoming self-supporting, or if even after the party seeking alimony will have made as much progress as can reasonably be expected, the respective standards of living of the parties will be unconscionably disparate.
Indefinite alimony usually terminates when the recipient dies or remarries, or the payor dies.
How Courts Decide Alimony
Maryland law does not use a rigid formula for alimony calculations. Instead, Maryland Family Law Article § 11-106(b) provides a list of statutory factors that judges must consider to reach a fair and equitable decision.
In making the determination, the court must consider all factors necessary for a fair and equitable award, including: the ability of the party seeking alimony to be wholly or partly self-supporting; the time necessary to gain sufficient education or training to find suitable employment; the standard of living established during the marriage; the duration of the marriage; the contributions, monetary and nonmonetary, of each party to the well-being of the family; the circumstances that contributed to the estrangement of the parties; the age of each party; and the physical and mental condition of each party.
Maryland considers marital fault when determining alimony payments. This means that “at-fault” divorces — which may be caused by infidelity, adultery, or abuse — can result in the at-fault party paying more alimony.
Who Can Receive Alimony?
As a result of Maryland’s equal rights amendment, the court may require either a husband or a wife in a marriage to pay alimony. Gender does not determine who pays or receives support.
Common reasons a spouse might ask for alimony include giving up career or education opportunities to support their spouse or raise children, a significant difference in income and earning potential, or needing help getting back on their feet after the divorce.
How Alimony Can Be Changed or Ended
Modifying Alimony
Under Maryland Family Law §11-107, either spouse may request a modification of alimony if there has been a material change in circumstances since the original order was issued and the original alimony award was modifiable.
Judges maintain broad discretion and may increase, decrease, or terminate alimony depending on the facts presented. Importantly, if your alimony order waives modification rights, you may not be able to seek changes later.
When Alimony Ends Automatically
Remarriage usually ends alimony automatically. Cohabitation, however, may justify a modification or termination if it significantly changes financial circumstances.
Alimony terminates upon the death of either party, the marriage of the recipient, or if the court finds that the termination is necessary to avoid a harsh and inequitable result.
Enforcing Alimony
If you receive alimony and your ex-spouse stops paying, you can request that the court enforce the spousal support order. The court will order the paying party to go to a hearing to explain why they are not making payments. If the court is dissatisfied with their answer, the court may charge the person with contempt, and the punishment can range from fines and/or attorney fees.
Arrears can also be collected via mediation, small claims court, or wage garnishment.
Tax Rules for Alimony in Maryland
Tax rules for alimony changed significantly in 2019. Here is what you need to know:
For divorce agreements executed on or after January 1, 2019, alimony payments are no longer deductible by the payer spouse, nor are they considered taxable income for the recipient spouse.
If your divorce was finalized before 2019, the old tax rules still apply unless the divorce decree was modified to incorporate the new law.
Unlike other provisions of the Tax Cuts and Jobs Act, this change is a permanent one. Once the TCJA expires, there will be no reversion back to the pre-TCJA deductibility of alimony payments.
Maryland’s state tax laws for alimony differ from the current federal rules. It is wise to consult a tax professional to understand exactly how both federal and state rules affect your specific situation.
Practical Steps to Take
If you think you may need alimony: Request it before your divorce is finalized — you cannot go back and ask for it later. Work with a family law attorney to document your financial needs, employment history, and contributions to the marriage.
If you are ordered to pay alimony: Keep records of every payment. If your finances change significantly, file a motion to modify the order rather than simply stopping payments.
If your ex-spouse stops paying: Contact a family law attorney and file a motion for enforcement with the court.
Frequently Asked Questions
Is alimony guaranteed in Maryland?
No. Alimony is not automatically awarded in every Maryland divorce case. A judge will only grant it if one spouse demonstrates a clear financial need and the other has the ability to pay.
How long does alimony last in Maryland?
The amount and duration of alimony awarded in a divorce case can vary and is ultimately determined by the court’s discretion. Rehabilitative alimony lasts for a set period; indefinite alimony continues until death, remarriage, or a court order ends it.
Can alimony be changed after it is ordered?
Either spouse may request a modification of alimony if there has been a material change in circumstances since the original order was issued. However, some orders are non-modifiable if both parties agreed to that in writing.
Does cohabitation end alimony in Maryland?
Cohabitation is not automatically a condition for the termination or modification of alimony in Maryland unless prohibited in the divorce settlement. It may lead to a modification if financial circumstances change significantly.
Is alimony taxable income in Maryland?
For divorces finalized after 2018, spousal support payments are no longer deductible to the supporting spouse, and the ex-spouse receiving alimony will not have to include it as ordinary income. Older agreements may still follow the prior rules.
Final Thoughts
Maryland’s alimony system is built on fairness, not formulas. Courts look at each case individually and weigh many factors before making a decision. The most important step you can take is to request alimony during your divorce — missing that window can permanently close the door.
Whether you expect to receive or pay spousal support, working with an experienced Maryland family law attorney gives you the best chance of reaching a fair outcome. Understanding the rules before your case begins puts you in a much stronger position.
References
- Maryland Family Law Code, Title 11 — mgaleg.maryland.gov
- Maryland People’s Law Library — Alimony — peoples-law.org
- Maryland Courts — Divorce Series Part 4: Alimony — courts.state.md.us
- IRS — Alimony, Separate Maintenance — irs.gov
- Rodier Family Law — Modifying or Ending Alimony in Maryland — rodierfamilylaw.com
This article is for informational purposes only and does not constitute legal advice. Laws can change. Consult a licensed Maryland family law attorney for guidance specific to your situation.
