SPOUSAL SUPPORT AWARDS AND FACTORS

In Maryland a court relies on several factors in determining whether or not to grant a spouse’s request for Spousal Support, traditionally referred to as alimony. The factors that guide the court in determining whether an award of spousal support is appropriate is as follows:

1. Ability to pay (If the potential payor spouse does not have disposable income, the court is not likely to award the potential payee spousal support)
2. The duration of the marriage (if the parties have been married for a limited period for example under five years, the court would consider this factor and weigh this along with other factors).
3. The age of the parties (The factor relating to age is relevant to determine the person’s future earning capacity)
4. The physical health of the parties (if either party is in poor physical condition, the court can utilize this factor to determine the need for support)
5. The emotional health of the parties (if the party has mental issues which preclude employment, the court will take this under consideration in determining if spousal support is necessary).
6. The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living: (if the parties had a high standard of living and the higher earning spouse provided the standard of living, the court will determine if spousal support is necessary to preserve the standard of living especially if there are children involved).
7. The earning capacities of the parties (The court will compare the respective earning capacities of the parties and look to any disparities in income between the parties).
8. The educational levels of the parties (The court will look to the educational levels for example if one party has a graduate degree and the other party has only finished high school)
9. The vocational skills of the parties (Vocational skills relate to the party’s ability to obtain a job based on training. An example would be If a party is a medical professional, lawyer or a teacher, the court would consider those skills in determining whether or not to make an award of spousal support.)
10. The employability of the parties (The court will consider skills, health and earning capacity to determine whether or not the potential payee should receive an award)
11. Marital misconduct (Adultery is no longer a ground for divorce however, the court can consider whether there was adultery during the marriage and use this as a factor)
12. The length of absence from the job market (if a spouse has had a long period of being absent from the job market, the court will take this into consideration)
13. The custodial responsibilities for children of the party seeking alimony (if one of the parties is a stay-at-home parent for children that have not attained school age,disabled, or in need of a stay at home parent, this factor would weigh heavily on the court’s decision to award of spousal support)
14. The time and expense necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment, and the availability of the training and employment. (The court takes into consideration the time that it would take a spouse requesting spousal support to attain sufficient training to become gainfully employed).
15. The opportunity for future acquisitions of capital assets and income (if the party requesting spousal support will receive a monetary award as a result of divorce, the court will consider this factor in determining whether or not alimony is appropriate)
16. The history of the non-financial contributions to the marriage by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities (non-financial contribution can also include a spouse promoting the other spouse’s career through frequent moves and or maintaining a stable home for the potential payor spouse and or the children)
17. The history of the financial contributions to the marriage by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities (Financial contributions relate to a parties can include a parent who homeschools the children in lieu of employment)
18. The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair and
19. Any other factors which the court may deem relevant. (Equitable distribution can also relate to a monetary award that is expected as a result of the divorce.)

The court’s decision regarding spousal support is based on the totality of the 19 factors. One specific factor does not determine whether or not a spouse will receive alimony. One of the major issues that the court also has to consider is whether there is a need for spousal support and if the potential payor spouse has the ability to pay. In any event alimony is normally awarded as rehabilitative spousal support The objective of rehabilitative spousal support is to enable to requesting spouse to become sufficiently self-supporting. Another factor that the court considers whether the requesting party has been self-supporting since the parties’ separation. Traditionally alimony/spousal support was awarded to the spouse who provided substantial non-monetary contributions during the parties’ marriage and as a result did not have a significant work history.

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