Using an alimony award to reduce or eliminate a post-divorce difference in the standard of living between ex-spouses is a complicated question. For individualized advice, see an attorney ( Need help finding a lawyer in Maryland?). However, there is some guidance that will help you to understand how the law may be applied in general. As long as the dependent spouse is able to become self-supporting, a lower living standard for the poorer spouse is very possible. The main objective of the Maryland law is to rehabilitate (or make self-supporting) the dependent spouse, rather than to equalize the post-divorce living standards. An exception to this general rule is how the law will consider living standards that are “unconscionably disparate”.  “Unconscionably disparate” means that the difference in living standards is extremely unfair. When the difference in living standards is extremely unfair, there is a greater chance that the court might award “indefinite “ alimony. Even though the dependent spouse is not normally entitled to have the same standard of living, the court may award alimony in certain extremely unfair situations. See the answers to Part One of the Quiz for a review of how some courts have looked at this question. Remember that the decision is not easy to predict because each situation is decided on a case-by-case basis and the trial court (court where the decision is first made) has great discretion. This means that situations that appear to be similar may have very different outcomes.

Back to quiz

• Does your spouse currently have a pension plan with his/her employer?
• Does your spouse have a pension plan with a former employer?
• Does (or has) your spouse worked for:
  • the federal government?
  • the state government ?
  • a county or local municipality?
  • a school system?
  • a unionized employer?
  • the military?

If you answered yes to one of the above, you should seek advice about a possible right to a share of your spouse’s pension. See the Library section on Pensions.

This is one of the most overlooked possible assets of a marriage. See the Library section on pensions. If you make a claim for the pension, this will have an effect on any alimony award. You may find that you do not pursue a claim for alimony but instead make a claim for a payment under your spouse’s pension.

Back to quiz

An alimony agreement between spouses which may include payment for joint obligations, such as real property taxes and mortgages, can and should be made part of the divorce, if you are satisfied with the terms. This is particularly important if the agreement is broader than what a court may order. A court can only order periodic monetary payments, unless there is an agreement. If you have concerns about an existing agreement or if you are satisfied and want it to be incorporated with the divorce decree, you should contact an attorney for advice and perhaps representation.

Need help finding a lawyer in Maryland?

Read this Note on Alimony Agreements 

Back to quiz

These behaviors will be taken into account in the court’s consideration of your claim for alimony. The existence of these problems is likely to have an impact on your chances of receiving alimony. However, the fact that you may be "at fault" in the divorce does not mean that you cannot receive alimony. This is only one factor to be considered. You can receive alimony even if the divorce is more "your fault" if your circumstances under the other factors will support a fair claim for alimony. An attorney’s advice and/or representation will be helpful in assessing and pursuing your claim.

Need help finding a lawyer in Maryland?

Back to quiz

These behaviors will be taken into account in the court’s consideration of your claim for alimony. The existence of these problems will increase the chances of your receiving alimony (there is no guarantee). An attorney’s advice and/or representation will be helpful in assessing and pursuing your claim. If there was abuse in your relationship and you are concerned about making a claim for alimony due to fear of your spouse, an attorney will be able to assist you in keeping your whereabouts confidential, develop evidence to support your claim for alimony, review any agreements you might have signed under duress, etc. In addition, an attorney can evaluate whether you might be eligible for particular action against your spouse called a "tort" if you were damaged in some way as the result of your spouse’s actions.

Need help finding a lawyer in Maryland?

Back to quiz