MDCOURTS.GOV/FAMILY MDCOURTS.GOV/DIVORCE
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How does alimony (spousal support) work?
Alimony, or spousal support, is a periodic support payment one former spouse makes to the other.
Alimony can only be ordered before a final divorce decree is entered. You cannot ask for alimony after
a divorce is final.
There are three types of alimony:
• Pendente lite alimony – This is temporary support one spouse pays to the other while the
divorce action is pending (before the court issues a final divorce decree).
• Rehabilitative alimony – This type of alimony provides support for a limited time or for a
limited purpose. The goal is to provide one spouse with temporary support so they can become
self-supporting. For example, the court can order alimony for two years to allow the receiving
spouse to earn a degree. This is the most common type of alimony.
• Indefinite alimony – This type provides support to one spouse with no end point. This type of
alimony is rare but may be awarded if one spouse cannot make reasonable progress toward
becoming self-supporting. This could be because of their age, an illness, or a disability. It may
also be ordered if the standard of living of one spouse would significantly change.
If you and your spouse cannot reach your own agreement about alimony, the court will decide for you.
It will consider a variety of factors including the length of your marriage, your financial situations, how
any marital property is divided, the reasons for your divorce, and your and your spouse’s ages and
health.
Unless you and your spouse agree otherwise, alimony can be modified or extended. It terminates
(ends) upon death, the recipient’s remarriage, or by the court to avoid a harsh result.
What is marital property?
Marital property is property that you and your spouse acquired during your marriage. It does not
matter how the property is titled or who paid for it. It can include real estate, bank accounts, pension
and retirement accounts, vehicles, furniture and other personal property, and businesses.
Marital property does not include:
• property one of you acquired before you got married
• gifts or inheritances made only to you or your spouse
• property you and your spouse agree are not marital
• property traceable to any of the above sources, such as items purchased with money from an
inheritance