In Maryland there is a rebuttable presumption
that when alimony
is awarded it will not be awarded indefinitely and will instead be awarded for
a period of time that is set by the court. To determine an alimony award there is a two step process
governed by MD 11-106,
these factors are outlined below. Once the Court looks to these factors to
determine if an alimony award
should be granted they will then look to the following, in order to determine
how much alimony should
be awarded and for how long: contributions made by the spouse seeking alimony during the marriage; the income, debts, and property of
each party; the circumstances that resulted in the break-up of the marriage; the length of the marriage; the age and health of each of the
parties; the standard of living during the marriage; and any award of marital property
that has already been determined.
- MD Factors 11-106
- (b) In making the determination, the court shall consider all the 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 non-monetary, 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:
- (i) all income and assets, including property that does not produce income;
- (ii) any award made under §§ 8-205 and 8-208 of this article;
- (iii) the nature and amount of the financial obligations of each party; and
- (iv) the right of each party to receive retirement benefits; and
- (12) whether the award would cause a spouse who is a resident of a related institution as defined in § 19-301 of the Health-General Article and from whom alimony is sought to become eligible for medical assistance earlier than would otherwise occur
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