Question By: In Maryland, several factors can disqualify an individual from receiving alimony. Primarily, alimony may be denied if the court finds that the requesting spouse has committed adultery. Adultery is considered a serious marital fault that can influence the court's decision on alimony, especially if it contributed to the breakdown of the marriage.
Additionally, the financial self-sufficiency of the requesting spouse plays a critical role. If the spouse seeking alimony has sufficient financial resources, income, or potential for earning an income that allows them to maintain a standard of living similar to that enjoyed during the marriage, the court may deny alimony. This assessment includes considering the individual's education, work experience, and ability to find suitable employment.
Another disqualifying factor is the duration of the marriage. Short-term marriages, generally considered those lasting less than 10 years, might not warrant long-term alimony, particularly if both spouses are relatively young, healthy, and capable of supporting themselves.
The court also considers any agreements made between the spouses. If there is a valid prenuptial or postnuptial agreement that specifies the conditions under which alimony will or will not be paid, the court is likely to uphold this agreement unless it is deemed unconscionable or unfair.
Moreover, the court assesses the circumstances and conduct of both parties. If the spouse seeking alimony has significantly contributed to the dissolution of the marriage through misconduct or has not made efforts to become self-sufficient, the court may decide to deny alimony.
Lastly, remarriage or cohabitation with another partner can disqualify an individual from receiving alimony. If the spouse receiving alimony remarries or lives with a new partner in a manner similar to marriage, the obligation to pay alimony typically ends.
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