Can I get alimony in Maryland | Law Offices Of SRIS, P.C.

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Can I get alimony in Maryland





Can I get alimony in Maryland

You spent years building a life with your spouse in Maryland. You may have stepped back from your career to raise children, moved across the state for your spouse’s job in Montgomery County, or supported your spouse through professional training while your own earning capacity stayed flat. Now the marriage is ending, and the financial picture looks nothing like you expected. The question that keeps you awake at night is a straightforward one: Can I get alimony in Maryland? Law Offices Of SRIS, P.C. – Advocacy Without Borders.

The short answer is that Maryland law permits alimony—also called spousal support—when one spouse lacks the ability to become self-supporting or when the court finds that an award is necessary to address a significant financial disparity between the parties. Alimony is not automatic, and not everyone who asks for it receives it. A Maryland circuit court evaluates a set of statutory factors before deciding whether to award alimony, what type is appropriate, how much should be paid, and for how long. Mr. Sris and the firm’s Of Counsel attorneys represent clients in alimony proceedings throughout Maryland, including Montgomery County, Prince George’s County, Howard County, Anne Arundel County, and Frederick County. To discuss your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Strategy Options for Pursuing Alimony in Maryland

Maryland law recognizes several forms of alimony, and the type you pursue depends on the facts of your marriage and your financial circumstances. Under , the court may award alimony for a defined period or for an indefinite duration. The three primary categories are rehabilitative alimony, indefinite alimony, and pendente lite alimony.

Rehabilitative alimony is the most commonly awarded form. It is time-limited support designed to help a spouse acquire the education, training, or work experience needed to become self-supporting. The court sets a specific end date based on a realistic assessment of how long that transition will take. For a spouse who left the workforce years ago, rehabilitative alimony provides a bridge to financial independence. Indefinite alimony, by contrast, has no fixed end date. Maryland courts reserve indefinite alimony for situations where a spouse cannot reasonably be expected to become self-supporting—because of age, illness, disability, or a long marriage where the standard of living gap is too wide to close through training alone. A third option, pendente lite alimony, provides temporary support while the divorce case is pending, ensuring that a financially dependent spouse can meet basic needs before the final decree is entered.

What to Expect in a Maryland Alimony Proceeding

An alimony determination in Maryland unfolds as part of the divorce proceeding or, in some cases, as a separate action. The process begins when one spouse files a complaint in the circuit court of the county where either party resides. In Montgomery County, that filing goes to the Circuit Court for Montgomery County; in Prince George’s County, to the Circuit Court for Prince George’s County. The court then evaluates the alimony request based on the factors enumerated in .

Those statutory factors include the ability of the party seeking alimony to become wholly or partly self-supporting, the time necessary to acquire sufficient education or training, the standard of living established during the marriage, the duration of the marriage, the contributions of each party to the marriage—monetary and nonmonetary—the age and physical and mental condition of each party, the ability of the paying spouse to meet their own needs while paying alimony, and any agreement between the parties. The court weighs these factors together; no single factor is dispositive. The process typically involves financial disclosures from both sides, and when the parties cannot agree on the alimony terms, an evidentiary hearing before a judge. Mr. Sris and the firm’s Of Counsel attorneys work with clients to present a clear picture of the marriage’s financial history and the receiving spouse’s future needs.

How Maryland Courts Decide Alimony

A Maryland judge exercises substantial discretion in alimony decisions, guided by the statutory factors. The court looks at the marriage as a whole—its length, the roles each spouse played, the economic trajectory of each party, and the foreseeable future. A spouse who stayed home for two decades to raise children in Howard County while the other spouse built a career in Bethesda will be viewed differently from a spouse who worked throughout the marriage and earned a comparable income. The court also examines whether a spouse’s career sacrifices during the marriage created a lasting earning disadvantage.

The 2023 reforms to Maryland divorce law did not eliminate alimony, but they did reshape the landscape. Fault grounds such as adultery and cruelty are no longer available as bases for divorce itself, though a court may still consider the circumstances that contributed to the breakdown of the marriage when determining alimony. Maryland remains an equitable distribution state for property division, and alimony is a separate inquiry from property division—a spouse may receive both a share of marital property and an alimony award, or one without the other, depending on the financial picture. For a detailed discussion of how Maryland divorce law operates alongside alimony claims, visit the firm’s Maryland divorce law resource.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Maryland, Virginia, the District of Columbia, New Jersey, and New York. A former prosecutor, Mr. Sris brings courtroom experience to family law matters, including contested alimony proceedings in Maryland circuit courts. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).

The firm’s Of Counsel attorneys include practitioners with experience in Maryland family law, appearing regularly in Montgomery County, Prince George’s County, Howard County, Anne Arundel County, and Frederick County courts. Together, Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience. Results may vary. The firm serves clients from its Maryland location in Rockville, with consultations available by appointment. For guidance on your alimony matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

Frequently Asked Questions About Maryland Alimony

Can I get alimony in Maryland?

Yes, you may be eligible for alimony in Maryland if you lack the ability to become self-supporting or if the court finds that an award is necessary to address a significant financial disparity between you and your spouse. Alimony is not guaranteed—the court evaluates statutory factors including the length of your marriage, your standard of living, your age and health, your contributions to the marriage, and the time you would need to gain education or training. A judge has substantial discretion in deciding whether to award alimony, what type, how much, and for how long. The inquiry is fact-specific, and two marriages of the same length can produce different alimony outcomes based on the parties’ individual circumstances.

What types of alimony are available in Maryland?

Maryland law recognizes three primary types of alimony: rehabilitative alimony, indefinite alimony, and pendente lite alimony. Rehabilitative alimony is time-limited support intended to help a spouse become self-supporting through education, training, or workforce reentry. Indefinite alimony has no fixed end date and is reserved for cases where self-support is not reasonably achievable due to age, disability, or other circumstances. Pendente lite alimony provides temporary support while the divorce case is pending. Under , the court selects the type and duration of alimony based on the facts of your case.

How does a Maryland court decide the amount of alimony?

A Maryland circuit court calculates alimony by weighing the statutory factors listed in , with no single factor controlling the outcome. The factors include the ability of the seeking spouse to become self-supporting, the time needed for training or education, the standard of living during the marriage, the marriage’s duration, the contributions of each spouse, the age and condition of each party, the paying spouse’s ability to pay, and any agreement between the parties. The judge makes a holistic assessment rather than applying a formula. The amount is tailored to the specific financial realities of your marriage.

How long does alimony last in Maryland?

The duration of alimony in Maryland depends on the type awarded and the facts of your case. Rehabilitative alimony ends on a date set by the court, calibrated to the time you reasonably need to become self-supporting. Indefinite alimony continues until the court modifies or terminates it based on a material change in circumstances—such as remarriage of the recipient, death of either party, or a significant change in either party’s financial situation. The length of your marriage is a key factor; longer marriages, particularly those exceeding a decade or two, are more likely to result in longer alimony periods. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Can alimony be modified after it is ordered?

Yes, Maryland courts can modify an alimony award if the party seeking modification demonstrates a material change in circumstances since the original order was entered. A material change might include a substantial increase or decrease in either party’s income, involuntary job loss, retirement, remarriage of the recipient spouse, or a serious health condition affecting the ability to pay or the need for support. The party requesting the modification bears the burden of proving the change is substantial and was not contemplated at the time of the original order. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.

Does fault matter in Maryland alimony decisions?

Under current Maryland law, fault is not a ground for divorce itself following the 2023 reforms, but a court may still consider the circumstances that contributed to the breakdown of the marriage when determining alimony. Maryland’s 2023 divorce reform (SB 36 / HB 14, effective October 1, 2023) eliminated fault grounds such as adultery, cruelty, and desertion for obtaining a divorce. However, the alimony statute——allows the court to consider “the circumstances that contributed to the estrangement of the parties.” This means conduct during the marriage may still influence an alimony determination even though it no longer serves as a basis for the divorce itself.

Can I get alimony while my divorce is pending?

Yes, you can request pendente lite alimony—temporary support paid while your divorce case is ongoing—to help cover your living expenses and legal fees before the final decree is entered. Pendente lite alimony is awarded based on a showing of need and the other spouse’s ability to pay. The court holds a hearing on the request, and if granted, the payments continue until the divorce is finalized or until the court orders otherwise. This temporary support can be critical, particularly for a spouse who has been financially dependent throughout the marriage and lacks immediate resources.

What happens if my spouse refuses to pay court-ordered alimony?

If your spouse fails to pay alimony as ordered by a Maryland court, you can seek enforcement through a contempt proceeding. The court may find the non-paying spouse in contempt and impose remedies including a judgment for the unpaid amount, wage garnishment, or, in serious cases, incarceration until compliance. Maryland courts take alimony orders seriously, and willful nonpayment can result in significant consequences. Document every missed payment and communicate with your attorney promptly if payments stop. To discuss enforcement of an existing alimony order, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

How do I start the alimony process in Maryland?

To pursue alimony in Maryland, you file a complaint for divorce—or a complaint for alimony alone if you are already divorced—in the circuit court of the county where you or your spouse resides. The complaint must state the relief you are seeking, including alimony. In Montgomery County, the filing goes to the Circuit Court for Montgomery County; in other counties, to the appropriate circuit court. After filing, discovery begins, and both sides exchange financial information. If you and your spouse reach an agreement on alimony, you can present it to the court for approval. If not, the matter proceeds to a hearing. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.

Do I need a lawyer to seek alimony in Maryland?

You are not legally required to hire a lawyer to seek alimony in Maryland, but having experienced counsel significantly improves your ability to present a complete financial picture and advocate for a fair award. Alimony determinations involve detailed financial disclosures, application of statutory factors, and strategic decisions about whether to pursue rehabilitative or indefinite support. Self-represented litigants may overlook relevant evidence, undervalue nonmonetary contributions, or fail to challenge incomplete financial disclosures from the other side. The firm’s Of Counsel attorneys have experience handling alimony matters in Maryland circuit courts.

What is the difference between rehabilitative and indefinite alimony?

Rehabilitative alimony is time-limited and designed to help a spouse become self-supporting, while indefinite alimony has no fixed end date and is awarded when self-support is not reasonably achievable. Rehabilitative alimony ends on a date certain—for example, after two years of vocational training or after a degree program is completed. Indefinite alimony continues until a court modifies or terminates it based on changed circumstances. Maryland courts favor rehabilitative alimony as a matter of policy and award indefinite alimony only when the evidence shows that even with maximum effort, the receiving spouse cannot become self-supporting due to age, disability, or the lasting economic impact of a long marriage.

Speak with an Attorney About Your Maryland Alimony Matter

Alimony decisions turn on the specific facts of your marriage, your financial history, and your future earning capacity. A Maryland circuit court has broad discretion in applying the statutory factors, and presenting your case effectively requires careful preparation. Law Offices Of SRIS, P.C. serves clients in alimony proceedings across Maryland. To request a consultation, call (888) 437-7747. The firm’s Maryland location is in Rockville, with consultations available by appointment.

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Attorney advertising. This page is for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Statutes and their application change and vary by case. Prior results do not guarantee a similar outcome; results may vary. For advice about your specific situation, consult a licensed attorney. Attorney responsible for this advertising: Mr. Sris.