How Long Does Spousal Support Last?

Whether you are the supporting spouse or the financially dependent spouse, spousal support — also referred to as “alimony”— can be a contentious matter in your divorce. Not only might the amount be in dispute, but the duration of time it is paid may also be at issue. If you are wondering, “how long does spousal support last” in Maryland, it’s important to understand that there is no definitive answer as every situation is unique. A court will consider a number of factors to determine the duration alimony is paid and base the length of time payments are made upon the specific circumstances in each case.

How Long Does Spousal Support Last in Maryland?

How long alimony lasts will depend upon the type that was awarded. There are three types of spousal support that can be awarded in Maryland, including pendente lite alimony, rehabilitative alimony, and indefinite alimony. Pendente lite alimony is a temporary payment made to the lower-earning spouse while the divorce action is pending in order to maintain the financial status quo between the parties. Rehabilitative alimony is only meant to last for a limited duration while the recipient spouse is working to get back on their feet and become self-supporting.

Indefinite spousal support does not have a predetermined end date. In Maryland, indefinite spousal support can last until one of the following events occurs:

• The death of either spouse;
• The remarriage of the recipient spouse;
• A court order terminating payments; or
• The date specified in the Judgment of Absolute Divorce.

Importantly, a judge can also modify, change, or terminate indefinite spousal support at a later time if the financial circumstances of either party change. Spousal support may be modified in the event of the paying spouse’s unexpected disability, job loss, or retirement. Reasons to modify alimony may also include the recipient spouse’s cohabitation with a partner or a significant increase in income.

What Factors Are Considered When Determining How Long Does Spousal Support Last?

A Maryland court will consider many different factors when determining whether to award alimony — and how long the award of spousal support should last. The weight given to each factor will depend upon the circumstances of the parties. Judges in Maryland have broad discretion to determine the importance of each specific factor when determining whether to award alimony.

Under Maryland Code, Family Law Section 11-106, some of the factors a court would look at to decide the question of “how long does spousal support last” can include the following:

• The ability of the party seeking spousal support to become self-supporting;
• The amount of time it would take for the party seeking alimony to gain the necessary education or training to find suitable employment;
• The standard of living during the marriage;
• How long the marriage lasted;
• Each spouse’s monetary and non-monetary contributions to the marriage;
• The age of each spouse;
• The physical and mental health of each spouse;
• The paying spouse’s ability to pay alimony;
• Any agreement made between the parties; and
• The financial needs and resources of each party

A court may issue an award for indefinite alimony if the judge finds that the party seeking alimony cannot reasonably be expected to become self-supporting. For example, if a spouse’s age, illness, disability, or infirmity would prevent them from becoming gainfully employed, the court may order indefinite spousal support. In addition, the court may award indefinite alimony if the standards of living of both parties would be “unconscionably disparate,” even after the supported spouse has made substantial progress toward becoming self-supporting.

Does Spousal Support Always Need to Be Decided in Court?

If you are concerned about the issue of how long does spousal support could last, it is essential to be aware that you do not have to leave this issue up to a judge to decide. Spouses are free to enter into a settlement agreement between themselves, without judicial intervention, to determine whether any amount will be paid, the amount of such payments and duration of alimony. The agreement that is reached by the parties can be incorporated into the Judgment of Absolute Divorce — and such an agreement will become part of a binding order once signed by the judge. Moreover, spouses can also decide for themselves whether spousal support can be changed at a later date, or it will be unmodifiable.

Notably, negotiation, mediation or the collaborative process can help spouses decide the issues related to spousal support. These are forms of alternative dispute resolution (“ADR”) that may be utilized to foster communication between spouses and help them reach an amicable agreement without the need for judicial intervention. By using one of these ADR methods, spouses can often craft creative solutions when it comes to spousal support and other issues that might not otherwise be achieved during contested litigation in the courtroom.

Contact an Experienced Maryland Spousal Support Attorney

Whether you are the spouse paying or receiving alimony, it’s important to understand your needs, wants and rights — and for you to understand how long spousal support may be awarded in your situation. To learn more about spousal support, contact Strickler, Platnick & Hatfield to schedule a consultation.