Maryland Alimony Laws: Rehabilitative and Indefinite Alimony (2026)

Maryland law strongly favors rehabilitative alimony over permanent support. Indefinite alimony is reserved for cases where the recipient cannot realistically become self-supporting, or where the parties' post-divorce living standards would be unconscionably disparate. There is no fixed formula.

Information last verified on June 1, 2026.

Estimate your situation: Try our free Maryland alimony calculator to estimate spousal support and see the factors a Maryland court weighs.

What is alimony in Maryland?

Alimony in Maryland is a court-ordered payment from one spouse to the other following a separation or divorce. The purpose is to help the lower-earning spouse maintain financial stability while transitioning to independence. Maryland uses the term "alimony" rather than "spousal support" or "maintenance."

The authority to award alimony comes from Md. Code, Family Law (FL) sections 11-101 through 11-110. A court may award alimony as part of a decree of annulment, limited divorce, or absolute divorce. It may also be awarded through a standalone complaint for alimony. Either spouse can be the recipient regardless of gender.

When spouses reach their own agreement about alimony, the court is bound by that agreement under FL 11-101. This means settlement negotiations carry significant weight. If you and your spouse can agree on terms, the court will generally honor them.

Maryland recognizes three distinct types of alimony. Each serves a different purpose and is governed by specific rules about when it applies and how long it lasts.

Rehabilitative vs. indefinite alimony (the grounds for indefinite alimony)

Alimony pendente lite is temporary support awarded while the divorce case is still pending. It ends when the court issues its final divorce decree. The governing authority is FL 11-102. The goal is to preserve the status quo financially while litigation proceeds.

Rehabilitative alimony is the default type Maryland courts award. It is time-limited and designed to help the recipient become self-supporting. The word "rehabilitative" reflects the underlying policy: alimony should rehabilitate, not permanently subsidize. A court awarding rehabilitative alimony sets a specific end date, giving the recipient a defined window to obtain education, job training, or employment that allows them to cover their own needs.

Indefinite alimony is the exception. Under FL 11-106(c), a court may award alimony for an indefinite period only if it finds one of two statutory grounds:

1. The party seeking alimony cannot reasonably be expected to make substantial progress toward becoming self-supporting because of age, illness, infirmity, or disability.
2. Even after the party seeking alimony makes maximum feasible progress toward self-support, the respective standards of living of the parties will be unconscionably disparate.

The unconscionably disparate standard is a high bar. It is not enough that one spouse earns significantly more than the other. The disparity must rise to a level that would be unconscionable to allow, even after the recipient has done everything reasonably possible to become self-sufficient. Maryland courts have treated this as a narrow exception reserved for long marriages, significant earning gaps, and situations where no realistic path to parity exists.

Maryland abolished permanent alimony decades ago in favor of this rehabilitative-first approach. Indefinite alimony can still be modified or terminated if circumstances change, as discussed below.

How Maryland courts decide alimony (the 11-106 factors)

FL 11-106(b) lists 12 factors the court must consider when setting the amount and duration of alimony. The court has broad discretion to weigh them; no single factor controls, and there is no formula or calculation table. The 12 factors are:

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 find suitable employment.
3. The standard of living 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 their own needs while paying alimony.
10. Any agreement between the parties.
11. The financial needs and financial resources of each party, including all income, assets, debts, and retirement benefits.
12. Whether the award would make the payor eligible for medical assistance (Medicaid) earlier than would otherwise occur.

Longer marriages, significant income gaps, nonmonetary contributions such as raising children or supporting the other spouse's career, and health issues all tend to weigh in favor of a larger or longer award. Fault in the breakdown of the marriage is a factor but is not dispositive.

Because there is no formula, outcomes can vary considerably from judge to judge and case to case. The best predictor of the result is a thorough analysis of the 12 factors applied to the specific financial picture of both parties.

How long alimony lasts (rehabilitative time-limited; indefinite is the exception)

Rehabilitative alimony lasts for the period the court determines is necessary for the recipient to become self-supporting. In practice, awards commonly run from a few years up to roughly ten years, with duration roughly tied to the length of the marriage and the time realistically needed for re-employment or retraining.

The court sets the duration when it enters the award. Under FL 11-106(a), once the award period concludes, no additional alimony accrues. The recipient cannot simply continue receiving payments past the end date without obtaining a court extension.

FL 11-107 allows a court to extend a rehabilitative alimony award if circumstances arise during the award period that would lead to a harsh and inequitable result without an extension, and the recipient petitions for the extension before the period expires. Both conditions must be met.

Indefinite alimony has no built-in end date. It continues until terminated by death, remarriage, or a court order. Courts can still modify or terminate indefinite alimony if the factual basis for the award changes materially.

When alimony ends or changes (remarriage, death, modification)

Under FL 11-108, alimony terminates automatically in two situations, unless the parties have agreed otherwise:

• Death of either party. Alimony ends on the death of the payor or the recipient.
• Remarriage of the recipient. Alimony ends when the recipient marries a new spouse.

Note that cohabitation alone does not automatically end alimony under Maryland's statute. However, FL 11-108 also allows a court to terminate alimony if it finds that termination is necessary to avoid a harsh and inequitable result. A court could consider cohabitation as part of that analysis if the recipient's financial needs have materially changed.

Modification is addressed in FL 11-107. Either party may petition the court to modify the amount of alimony as circumstances and justice require. A significant change in income, health, employment, or financial needs can form the basis for modification. Courts retain jurisdiction to modify most alimony awards throughout their duration. However, if the parties' separation agreement explicitly bars modification, the court is generally bound by that agreement under FL 11-101.

Extension requires the recipient to petition the court before the existing award period expires. Waiting until after the end date is too late.

Is alimony taxable, and how it differs from Maryland child support

Federal tax rules changed significantly in 2019. Under the Tax Cuts and Jobs Act (TCJA), for any divorce or separation agreement finalized after December 31, 2018:

• The paying spouse cannot deduct alimony payments from federal taxable income.
• The receiving spouse does not report alimony as taxable income.

For agreements finalized on or before December 31, 2018, the prior rules still apply: the payer could deduct alimony, and the recipient had to include it as income. However, if an older agreement is modified after December 31, 2018, and the modification expressly states that the new federal treatment applies, the post-2018 rules take effect from that point forward. See IRS Publication 504 and Tax Reform Tip 2019-88 for details.

Maryland conforms to the federal treatment for state income tax purposes, though the specific interaction between state and federal tax treatment should be confirmed with a tax professional for your individual circumstances.

Alimony vs. child support: Maryland child support is calculated using the income shares model under FL 12-204, which produces a specific dollar figure based on both parents' incomes, the number of children, and specified add-on expenses. Alimony has no equivalent formula. Child support is also not deductible for the payer and not taxable income for the recipient, so the tax treatment is the same under current law. However, the legal purposes differ: child support is for the children's benefit and is not modifiable by agreement between the spouses in ways that harm the children. Alimony is purely a spousal obligation.

For more on Maryland child support rules, see Maryland child support laws.

For alimony rules across every state, see Alimony laws by state.

Legal disclaimer: This page provides general legal information about Maryland alimony statutes and is not legal advice. Alimony outcomes depend on the specific facts of your case and the discretion of the court. Consult a licensed Maryland family law attorney for guidance on your individual situation.

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Sources

• Maryland General Assembly, Md. Code, Family Law Article, FL 11-101 (authority to award alimony; court bound by party agreements)
• Maryland General Assembly, Md. Code, Family Law Article, FL 11-102 (alimony pendente lite)
• Maryland General Assembly, Md. Code, Family Law Article, FL 11-103 (fault not automatic bar to award)
• Maryland General Assembly, Md. Code, Family Law Article, FL 11-106 (12 factors; indefinite alimony grounds)
• Maryland General Assembly, Md. Code, Family Law Article, FL 11-107 (extension and modification)
• Maryland General Assembly, Md. Code, Family Law Article, FL 11-108 (termination on death or remarriage)
• Maryland General Assembly, Md. Code, Family Law Article, FL 11-109 (payment administration)
• Maryland General Assembly, Md. Code, Family Law Article, FL 11-110 (attorney fees in alimony proceedings)
• Internal Revenue Service, Divorce or separation may have an effect on taxes (post-2018 TCJA alimony tax treatment)

Last updated: June 1, 2026.