Indefinite Alimony In a Maryland Divorce

Does a marriage type relationship outside and during the marriage as well as post divorce affect the alimony payment? The Maryland courts had stated that circumstance is a factor for the court to consider in awarding alimony and presumably continuing alimony post divorce see Whittington v. Whittington 172 Md.App. 317, 914 A.2d 212 Md.App.,2007.

By way of history the essential purpose of alimony was changed with the adoption of the Maryland Alimony Act in 1980. The principal function of alimony once had been maintenance of the dependent spouse's standard of living. However, when the Act was passed that function became rehabilitation of the economically dependent spouse. Karmand v. Karmand, 145 Md.App. 317, 327, 802 A.2d 1106 (2002). As such the law generally favors fixed-term or so-called rehabilitative alimony,’ rather than indefinite alimony.” Simonds v. Simonds, 165 Md.App. 591, 605, 886 A.2d 158 (2005)

There are of course exceptions to favoring fixed alimony. They are found in section 11-106(c) of the Family Law Article. First, the court has discretion to award indefinite alimony if, “due to age, illness, infirmity, or disability, the party seeking alimony cannot reasonably be expected to make substantial progress toward becoming self-supporting. And second, the court may award indefinite alimony upon a finding that, “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.”

Under the Alimony Act, an award of alimony ceases, automatically, upon the remarriage of the recipient. However, the Act does not provide that alimony cannot be awarded, or, if awarded, terminates, or must be terminated, if the recipient lives in a “marriage type relationship” with another person. That circumstance is relevant according to the Whittington court as a consideration of the financial status of the party requesting the award. Additionally it also is relevant to whether the post-divorce disparity in the parties' standards of living is or is not conscionable.