Maryland Divorce Lawyer Blog
Alimony (spousal support) is an integral part of many divorces. Unless the spouses resolve the issue of alimony on their own (such as including a provision in a marital settlement agreement that neither will receive alimony, a court will decide if either spouse should receive alimony and, if so, which spouse, how much, and for how long. Judges make these determinations based on several statutory factors, one of which is the length of the couple’s marriage. Duration is just one of nearly a dozen factors, however. To understand more about alimony and your divorce, you should get in touch with an experienced Maryland divorce lawyer.
When it comes to marital duration and alimony, the short version is: the longer the marriage, the greater the likelihood of an alimony award. If yours was a decades-long marriage, the greater the possibility that some form of alimony is appropriate.
On the opposite end of the spectrum, there is the celebrity divorce of retired basketball star Dwight Howard and reality TV star Amy Luciani. The pair became engaged in December 2024, married in January 2025, and then went their separate ways less than six months later. (The wife filed for divorce on July 1.)
In the wife’s court papers, which she filed in a suburban Atlanta courthouse, she asked that the court divide the couple’s assets equally between the two spouses. She also requested that the court award her alimony.
Obviously, Howard and Luciani’s marriage would, by any set of parameters, fall into the category of a short-term marriage. If the couple were divorcing in Maryland, the duration of their marriage would play a significant role in the court’s decision regarding an alimony award.
Types of Alimony in Maryland
In this state, courts may award various forms of spousal support, also known as alimony. One is called “pendente lite,” which is simply temporary monetary support that runs for the duration of the couple’s divorce litigation.
Another is “rehabilitative alimony,” which is alimony of a defined duration intended to support a spouse while the recipient spouse works to become self-supporting. (This can include things like finishing a college degree, obtaining a professional certification, or renewing a business license… and then finding appropriate work.)
Furthermore, there is indefinite alimony that, as the name implies, continues without a pre-set termination date. Courts rarely award indefinite alimony, and when they do, it is typically to spouses who were in long-term marriages and require indefinite alimony to maintain a fair and reasonable standard of living. This type of award may arise when one spouse has limited job prospects, is unable to work due to disability or health limitations, or is otherwise unable to become financially self-supporting.
Maryland statutory law outlines a list of 11 factors that trial judges should consider when making a “fair and equitable” alimony award. The fourth of those 11 is the “duration of the marriage.”
When a divorcing couple has been married for only a short time, courts are highly unlikely to award indefinite alimony to either spouse, especially when both spouses are young, healthy, and capable of finding employment that will provide for their financial independence. On the opposite extreme, a spouse who has been married for 30 years, who last worked as an administrative professional 20 years ago, who now suffers from rheumatoid arthritis and physically cannot do many of the things required of an admin, is someone who a court might decide should receive indefinite alimony.
When courts decide alimony issues, they make those determinations based on the unique facts of that couple as demonstrated by the evidence each party presents. Given the intense fact-driven nature of these cases, it is crucial to make sure you “put your best foot forward” at your hearing. To ensure your interests are appropriately protected, talk to the knowledgeable Maryland family law attorneys at Anthony A. Fatemi, LLC. Contact us today at 301-519-2801 or via our online form to set up your consultation and find out how we can help you ensure you get a fair and appropriate resolution to your alimony case.