Alimony & Spousal Support | Leffler, Bayoumi & Oliver, LLC

Understanding Alimony in Maryland

Alimony, also known as spousal support, is financial support paid by one spouse to another during or after divorce. Maryland courts consider alimony on a case-by-case basis, weighing multiple factors to determine whether support is appropriate and, if so, how much and for how long.

At Leffler, Bayoumi & Oliver, LLC, we help clients on both sides of alimony disputes, whether you're seeking support or addressing a claim for spousal support.

Types of Alimony in Maryland

Maryland recognizes several types of alimony, each serving different purposes:

Pendente Lite Alimony

"Pendente lite" (often referred to as "PL") is a Latin term meaning "while the litigation is pending," and refers to financial support ordered by the court during the active divorce case. PL support is temporary and awarded during the divorce proceedings to help the lower-earning spouse maintain their standard of living until the divorce is finalized. This support ends when the final divorce decree is entered.

Rehabilitative Alimony

Time-limited support designed to help the receiving spouse become self-supporting. This is the most common type of alimony and typically lasts long enough for the recipient to complete education, training, or gain employment experience to become self-supporting.

Indefinite Alimony

Long-term support awarded in specific circumstances. Maryland courts may award indefinite alimony when the recipient spouse cannot reasonably be expected to become self-supporting due to age, illness, or disability, and even after the recipient becomes self-supporting, the standards of living between the parties would be unconscionably disparate.

Factors Courts Consider

Maryland courts evaluate numerous factors when determining alimony, including, but not limited to:

Length of the marriage: Longer marriages are more likely to result in alimony awards
Each spouse's financial resources: Income, assets, and ability to be self-supporting
Standard of living: The lifestyle established during the marriage
Non-monetary contributions to the marriage: Including homemaking and support of the other spouse's career
Age and health: Physical and mental condition of each party
Circumstances of the divorce: The parties' conduct during the marriage and the reason for the breakup of the marriage
Education and training: Time and expense needed to become self-supporting
Agreements between the parties: Including prenuptial or postnuptial agreements

Calculating Alimony

Unlike child support, Maryland does not use a formula to calculate alimony. Courts have broad discretion in determining the amount and duration of support. This makes experienced legal representation crucial. The outcome can vary significantly based on how effectively your case is presented.

Our attorneys work with financial experts when necessary to analyze income, expenses, and long-term financial projections, and rely on their extensive courtroom experience to counsel clients on how Maryland judges typically evaluate alimony, bringing both strategy and practical insight to every case.

Negotiating Alimony Agreements

Many alimony arrangements are negotiated between the parties rather than decided by a court. Negotiated agreements offer several advantages:

More control over the outcome
Flexibility in structuring payments
Potential tax planning opportunities
Privacy (avoiding public court proceedings)
Faster resolution

We help clients negotiate fair alimony terms as part of comprehensive divorce settlements.

Modifying Alimony

Alimony orders may be modified when there has been a substantial change in circumstances. Common reasons for seeking a modification include:

Job loss or a significant change in income
Retirement
Serious illness or disability
The recipient spouse's cohabitation or remarriage
A substantial change in either party's financial circumstances

If a divorce agreement states that alimony is non-modifiable, courts generally cannot alter its terms. However, in limited circumstances, such as where an agreement may be unconscionable or other legally significant conditions exist, a modification or challenge may still be worth exploring, if it is fair, reasonable, and necessary to avoid unjust hardship and to reflect the parties' current circumstances. At Leffler, Bayoumi & Oliver, LLC, we help clients evaluate whether pursuing a modification makes financial sense, identify practical and cost-effective strategies to pursue, and assess the likelihood of success before moving forward.

Alimony and Taxes

For divorces finalized after December 31, 2018, alimony payments are no longer tax-deductible for the paying spouse, and the receiving spouse does not report alimony as income. This change in tax law affects how alimony should be negotiated and structured.

Our attorneys consider the tax implications when negotiating alimony as part of your overall divorce settlement.

Enforcement of Alimony Orders

If your former spouse fails to pay court-ordered alimony, you still have meaningful legal remedies available. These may include pursuing contempt proceedings, seeking wage garnishment, placing liens on property, or using other lawful collection methods. At Leffler, Bayoumi & Oliver, LLC, we assist clients with enforcing alimony orders and pursuing past-due support so they can secure the financial relief the court intended.

Protecting Your Interests

Whether you are seeking alimony or responding to a claim for spousal support, having experienced legal representation is essential. At Leffler, Bayoumi & Oliver, LLC, we take a comprehensive and strategic approach to every case by thoroughly analyzing your financial circumstances, gathering the evidence needed to support your position, and pursuing fair, negotiated resolutions whenever possible. When court intervention becomes necessary, we advocate forcefully on your behalf while ensuring you understand the long-term financial implications of any agreement or award.