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Questions You Want Answered > Spousal Support > How does the court determine alimony?

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In Maryland, ,how the court determines alimony depends on the stage of legal proceedings.  During the course of the litigation, the court may award what is known as pendente lite alimony.  The purpose of that type of alimony is to enable the parties to be supported at least at a minimal level during the course of the case.  The only critera the court uses is the need of the recipient and the ability of the payor to pay it. 

At the time of the final divorce hearing, the court may award alimony that is either rehabilitative (for a limited period of time), or indefinite.  In making the award, the court utilizes 12 statutory factors, of which need and ability to pay are two of them, and applies them to the facts of the case.  How any facts apply to the factors is a question best answered by an attorney.

Last updated on July 21, 2010 by Karen Robbins, Attorney at Law