Alimony

Alimony may be obtained in: (1) Complaint for Support; (2)  Limited Divorce; or (3) Absolute Divorce.

Alimony can be: (1) Temporary; (2) Rehabilitative; or (3) Indefinite. 

Alimony is subject to modification if: (1) a separation agreement does not say it is “not subject to modification” and (2) it is awarded and the party seeking to modify does so during the term of the alimony and can show a material change of circumstances.

For many years alimony was awarded only to a wife, but Family Law § 11-101(b) now provides, "The court may award alimony to either party." This change in language was in accordance with the Equal Rights Amendment,  adopted in 1972.  In Bricker v. Bricker,  the court used the descriptive designations "economically dependent spouse" and "economically independent spouse" to identify the parties. Following tentative beginnings, alimony law has developed  with alarming speed. By the late 1970s the case law had exploded. The aim of an alimony award was to assure suitable maintenance for the economically dependent spouse.  

The courts established factors to be considered in making awards.

FACTORS:

(1) the ability of the party seeking alimony to be wholly or partly self-supporting;

(2) the time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment;

(3) the standard of living that the parties established during their marriage;

(4) the duration of the marriage;

(5) the contributions, monetary and nonmonetary, of each party to the well-being of the family;

(6) the circumstances that contributed to the estrangement of the parties; (see Caccamise 747 A.2d 221 Trial court, in the exercise of its judgment, after considering statutory factors, may award alimony to the "guilty" party).  

(7) the age of each party;

(8) the physical and mental condition of each party;

(9) the ability of the party from whom alimony is sought to meet that party's needs while meeting the needs of the party seeking alimony;

(10) any agreement between the parties;

(11) the financial needs and financial resources of each party, including:

    (i) all income and assets, including property that does not produce income; (ii) any award made under §§ 8-205 and 8-208 of this article;    (iii) the nature and amount of the financial obligations of each party;  and     (iv) the right of each party to receive retirement benefits;  and

(12) whether the award would cause a spouse who is a resident of a related institution as defined in § 19-301 of the Health - General Article and from whom alimony is sought to become eligible for medical assistance earlier than would otherwise occur.

See Also

Whittington v. Whittington, (CSA No. 06-32, January 4, 2007). Which states that cohabitation from the payee spouse may terminate the alimony payment.

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Termination of Alimony On Re-Marriage Is Not Affect By Living Together, generally, But Is a Factor the Court Will Consider

See MD Case Law: Whittington v. Whittington
172 Md.App. 317, 914 A.2d 212 (2007)

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