How Maryland Courts Decide Alimony
Maryland has no alimony formula: the court sets the amount and period after weighing twelve factors for a fair and equitable award, including self-support ability, training time, the standard of living, the length of the marriage, contributions, the estrangement, age, condition and financial resources.
Amount and period
The court determines the amount of and the period for an award of alimony, and may award it from the filing of the pleading that requests it. At the end of the period, no further alimony accrues (Family Law § 11-106(a)).
The twelve factors
The court considers all the factors necessary for a fair and equitable award, including (b): (1) the ability of the party seeking alimony to be wholly or partly self-supporting; (2) the time needed to gain education or training; (3) the standard of living the parties established during the marriage; (4) the duration of the marriage; (5) the monetary and nonmonetary contributions 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 his or her needs while meeting those of the other; (10) any agreement between the parties; (11) the financial needs and resources of each party, including income and assets, any monetary award, financial obligations and retirement benefits; and (12) whether the award would make a spouse in a nursing facility eligible for medical assistance earlier.
Fault matters here
Unlike many states, Maryland lists “the circumstances that contributed to the estrangement of the parties” as a factor, so conduct that caused the breakdown can be weighed.
Alimony and the monetary award
Any award under the marital property statutes is one of the resources considered, and a monetary award also weighs any alimony award, so the two are decided together. See the Maryland property division calculator.
Evidence to gather
Budgets for both households, income records for several years, education and work history, medical information, and evidence of the marital standard of living.
Questions to bring to an attorney
Ask how a court is likely to weigh the factors on your facts, including the circumstances of the estrangement.
Next steps
See indefinite versus limited alimony for the findings needed for an award without an end date, and the Maryland alimony calculator to test a ceiling.
Frequently asked questions
What factors does Maryland consider for alimony?
Twelve, including self-support ability, training time, standard of living, the length of the marriage, contributions, the estrangement, age, condition, ability to pay, agreements and financial resources.
Does fault matter for Maryland alimony?
The circumstances that contributed to the estrangement of the parties are a listed factor.
Is there a formula for Maryland alimony?
No. The court sets the amount and period for a fair and equitable award.
Can Maryland alimony start before the divorce?
The court may award alimony for a period beginning from the filing of the pleading that requests it.
Does a prenuptial agreement affect Maryland alimony?
Any agreement between the parties is a listed factor.
Official sources
- Md. Code, Family Law § 11-106: alimony
- Md. Code, Family Law § 11-107: extension and modification
- Md. Code, Family Law § 11-108: termination
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Maryland statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Maryland attorney.