Alimony (spousal support) in Maryland is designed to help a lower-earning spouse maintain a reasonable standard of living after divorce. This comprehensive guide covers the types of alimony available in Maryland, how courts calculate amounts, duration guidelines, modification rules, and the impact of remarriage, cohabitation, and retirement on support obligations. Understanding Maryland’s alimony laws helps both paying and receiving spouses plan their financial futures.
Verified against Maryland family law statutes as of May 2026.
In This Maryland Alimony Guide:
Types of Alimony in Maryland
Maryland courts may award the following types of alimony:
- Maryland recognizes three types of alimony: (1) Pendente lite (temporary support during divorce proceedings
- from filing to final decree); (2) Rehabilitative alimony (time-limited support to allow the recipient spouse to gain education
- training
- or employment skills to become self-supporting — this is the most common type); (3) Indefinite alimony (open-ended support with no set end date
- awarded only when the recipient cannot reasonably be expected to become self-supporting due to age
- illness
- infirmity
- or disability
- OR when the parties’ standards of living would be unconscionably disparate even after the recipient makes reasonable progress toward self-support). Maryland does not separately categorize bridge-the-gap
- durational
- or reimbursement alimony as distinct types.
How Maryland Calculates Alimony
Maryland does not have a fixed formula for calculating alimony. Courts use judicial discretion, weighing multiple factors to determine a fair amount and duration.
Maryland courts consider these factors when determining alimony:
- Under Md. Code
- Family Law § 11-106(b)
- the court must consider all factors necessary for a fair and equitable award
- including: (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; (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 all income and assets (including property that does not produce income)
- the award in the proceeding
- the nature and amount of the financial obligations of each party
- and the right of each party to receive retirement benefits; (12) whether the award would cause a spouse who is a resident of a related institution to become eligible for medical assistance earlier than would otherwise occur.
Income disparity: YES — while there is no explicit statutory requirement to prove income disparity, a showing of financial need by the requesting spouse is inherent in the alimony framework. Factor (1) requires the court to assess the requesting party’s ability to be self-supporting, and factor (9) requires considering the paying party’s ability to meet both parties’ needs. Indefinite alimony specifically requires showing either inability to become self-supporting or that the parties’ standards of living would be unconscionably disparate, which inherently requires demonstrating significant income or lifestyle disparity.
Vocational evaluation: YES — Maryland courts may use vocational evaluations to assess a spouse’s earning capacity. Vocational experts can be retained by either party or appointed by the court to evaluate a spouse’s marketable skills, education, work history, and employment potential. These evaluations are particularly important when a spouse has been out of the workforce, is underemployed, or claims inability to work. The expert assesses career values, marketable skills, occupational options, and conducts labor market research to estimate earning potential and the timeline for securing suitable employment. Courts consider this evidence when determining both the amount and duration of rehabilitative alimony.
Maryland Alimony Duration Guidelines
Maryland has no statutory formula for alimony duration. For rehabilitative alimony, courts set a specific time period or purpose (e.g., until the recipient completes a degree or training program), commonly ranging from 3 to 10 years. An informal judicial benchmark (not codified) is approximately 1 year of alimony for every 3 years of marriage. Indefinite alimony has no set end date and continues until a termination event occurs. The court has broad discretion to set duration based on the 12 statutory factors.
| Marriage Length | Typical Alimony Duration |
|---|---|
| Short-term (under UNVERIFIED — Maryland does not define a statutory threshold for short marriages in the alimony context. Courts use discretion and consider marriage duration as one of 12 factors.) | Rehabilitative or bridge-the-gap; limited duration |
| Moderate-term | Durational alimony; set period based on marriage length |
| Long-term (UNVERIFIED — Maryland does not define a statutory threshold for long-term marriages qualifying for indefinite alimony. Indefinite alimony eligibility is based on the two statutory criteria (inability to become self-supporting due to age/illness/infirmity/disability, or unconscionable disparity in standards of living), not on a specific number of years. However, longer marriages are more likely to result in indefinite alimony awards.+) | May qualify for permanent or indefinite alimony |
Permanent alimony: YES — Maryland allows indefinite alimony (functionally equivalent to permanent alimony). It may be awarded when: (1) due to age, illness, infirmity, or disability, the party seeking alimony cannot reasonably be expected to make substantial progress toward becoming self-supporting; or (2) even after the party seeking alimony will have made as much progress toward becoming self-supporting as can reasonably be expected, the respective standards of living of the parties will be unconscionably disparate. (Md. Code, Family Law § 11-106(c))
Modifying & Terminating Maryland Alimony
Modification: YES — alimony can be modified in Maryland. For indefinite alimony, either party may petition the court for modification based on a material change in circumstances. The court has discretion to modify the amount or duration. For rehabilitative (fixed-term) alimony, it can be extended under limited circumstances — the recipient must petition before the original term expires and demonstrate circumstances that are compelling and the situation would result in a harsh and inequitable result without extension. The court may also terminate alimony if continuation would produce a harsh and inequitable result. (Md. Code, Family Law § 11-107 and § 11-108)
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Cohabitation: Cohabitation by the alimony recipient does NOT automatically terminate alimony in Maryland. There is no statute addressing cohabitation as a termination trigger. However, if the divorce settlement agreement includes a cohabitation termination clause, Maryland courts will enforce it (see Gordon v. Gordon, where the Court of Appeals upheld a clause terminating alimony if the wife resided with an unrelated man for more than 60 consecutive days). Even without such a clause, the paying spouse can petition the court to modify or terminate alimony under Md. Code, Family Law § 11-108 on the grounds that continuation would create a harsh and inequitable result, if the cohabitation has materially changed the recipient’s financial circumstances. The court defined cohabitation as a mutual assumption of the duties and obligations associated with marriage, requiring more than merely living together.
Remarriage: YES — remarriage of the recipient automatically terminates alimony by operation of law under Md. Code, Family Law § 11-108, unless the parties expressly agreed otherwise in writing. No court motion or order is needed to stop payments. The Maryland Court of Special Appeals held in Mendelsohn v. Mendelsohn that termination requires an actual marriage ceremony and valid marriage license — cohabitation or an engagement alone is insufficient. The death of either party also automatically terminates alimony.
Retirement: The payor’s retirement does not automatically terminate or modify alimony in Maryland. There is no statute specifically addressing retirement as a modification trigger. However, retirement can constitute a material change in circumstances that justifies a petition to modify or terminate alimony, particularly if the retirement is in good faith and age-appropriate. Courts will consider whether the retirement was voluntary or involuntary, the retiree’s current ability to pay, the impact on the recipient, and the overall financial circumstances of both parties. Until a court grants modification, the payor must continue making full alimony payments. Retirement benefits are also considered as part of factor (11) — the financial resources of each party — when making the original alimony determination.
Tax Implications of Maryland Alimony
Under the Tax Cuts and Jobs Act (2017), for divorce agreements executed after December 31, 2018, alimony payments are not deductible by the paying spouse and not taxable income for the receiving spouse at the federal level. This applies to all Maryland divorces finalized after that date.
For divorces finalized before 2019, the old rules still apply unless the agreement is modified to adopt the new tax treatment.
Impact of Misconduct on Maryland Alimony
Adultery: Adultery does not automatically bar or guarantee an alimony award in Maryland. Since October 1, 2023, Maryland became a pure no-fault divorce state (Senate Bill 36), eliminating adultery as a ground for divorce. However, adultery remains relevant to alimony determinations because it falls under statutory factor (6) — the circumstances that contributed to the estrangement of the parties. A court may consider a spouse’s adultery when determining the amount and duration of alimony, potentially reducing or increasing an award depending on who committed the infidelity and how it contributed to the breakdown of the marriage. Adultery may also be relevant to dissipation of marital assets claims if marital funds were spent on the affair.
Other marital misconduct: YES — marital misconduct other than adultery can affect alimony in Maryland through statutory factor (6), which requires the court to consider the circumstances that contributed to the estrangement of the parties. This can include desertion, cruelty, abuse, or other conduct that contributed to the breakdown of the marriage. While these are no longer grounds for divorce after the 2023 reform, they remain relevant factors in alimony determinations. The court weighs this factor alongside the other 11 statutory factors — misconduct alone does not determine the outcome.
Additional Maryland rules: (1) 2023 No-Fault Reform: Effective October 1, 2023, Maryland became a pure no-fault divorce state under Senate Bill 36, eliminating all fault-based grounds (adultery, desertion, cruelty, insanity). Only three grounds remain: mutual consent, irreconcilable differences, and six-month separation. Limited divorce was also eliminated. However, former fault grounds remain relevant as factors in alimony and property division determinations. (2) Unconscionable Disparity Standard: Maryland’s indefinite alimony uses a unique “unconscionably disparate” standard of living test — not just disparity, but unconscionable disparity. This is a high bar. (3) No Cohabitation Statute: Unlike many states, Maryland has no statutory provision addressing cohabitation’s effect on alimony — it depends entirely on contractual clauses or case law. (4) Extension Limitations: Rehabilitative alimony can be extended, but the petitioner must file before the original term expires and meet the “compelling circumstances” and “harsh and inequitable result” standard. (5) Government Benefits Factor: Maryland is one of few states that includes a factor (12) specifically addressing whether alimony would affect eligibility for institutional care or government medical assistance programs.
Official Sources & Resources
- Cornell LII — Alimony: law.cornell.edu
- NCSL Spousal Support: ncsl.org
- Maryland Alimony Statute: Maryland Code, Family Law, Title 11 — Alimony. Key sections: § 11-101 (definitions), § 11-102 (court authority to award alimony), § 11-103 (pendente lite alimony), § 11-106 (determination of amount and duration, 12 statutory factors, indefinite alimony criteria), § 11-107 (modification and extension), § 11-108 (termination upon death, remarriage, or court finding of harsh/inequitable result).
Last verified May 2026. Contact us if you notice outdated information.