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Potomac Alimony Lawyer


Trusted alimony attorneys with decades of experience.

Maryland does not calculate spousal support by formula. No schedule converts the duration of a marriage into a monthly dollar amount. Instead, the court evaluates 12 statutory factors, conducts a detailed examination of both parties’ financial circumstances, and exercises broad discretion to arrive at an award it deems fair and equitable. The breadth of that discretion is precisely why the quality of the financial evidence and the strength of the legal arguments presented carry such decisive weight in every alimony proceeding.

Our Potomac, MD alimony lawyer, has represented spouses seeking and defending against alimony claims throughout Montgomery County for decades. Contact Fait & DiLima Family Law to schedule a consultation.

Alimony Lawyer Potomac, MD

How does a Maryland court decide whether alimony is warranted, and if so, how much and for how long? The answer begins with Family Law §11-106. That statute directs the court to consider the requesting spouse’s ability to become self-supporting, the time needed for education or training, the standard of living established during the marriage, the duration of the marriage, each party’s monetary and nonmonetary contributions, and the financial resources available to both sides, among other factors.

An alimony attorney in Potomac, MD presents these factors through documented financial evidence, testimony about the marital lifestyle, and, when necessary, vocational analysis of the requesting spouse’s earning capacity.

Types of Alimony Cases We Handle in Potomac

Fait & DiLima Family Law represents clients on both sides of alimony disputes in Montgomery County. We pursue support for spouses who are entitled to it and defend against claims that overreach. The goal in every case is an outcome grounded in the statutory factors and supported by the financial record.

  • Pendente lite alimony. Temporary support ordered while the divorce is pending. Pendente lite awards are designed to preserve financial stability during litigation and prevent either party from being starved into an unfavorable settlement. The amount set at this stage often anchors the negotiation for the final award. We file and respond to pendente lite motions within weeks of the divorce being initiated.
  • Rehabilitative alimony. The most common form of alimony in Maryland. The court sets a defined term intended to allow the lower-earning spouse to gain the education, training, or work experience necessary to achieve self-sufficiency. We present evidence of realistic employment prospects, not theoretical ones.
  • Indefinite alimony. Maryland permits indefinite alimony in two narrow circumstances: when the requesting spouse cannot reasonably be expected to become self-supporting due to age, illness, infirmity, or disability, or when the post-divorce standards of living would be unconscionably disparate even after the requesting spouse has made reasonable progress toward self-support. The word “unconscionably” sets a high bar. Meeting it requires detailed financial projections showing that the gap between the two households would be extreme and unjustifiable.
  • Alimony in high net worth cases. When the marital estate involves significant wealth, alimony intersects with property division in complicated ways. The court must decide whether an income disparity is better addressed through support payments, a larger share of the marital property, or some combination. We work with forensic professionals to model different settlement structures and present the one that best serves our client’s long-term financial position.
  • Alimony modification. Either party may petition to modify an existing alimony award when a material change of circumstances occurs. Retirement, involuntary job loss, a substantial increase in either party’s income, or the recipient’s cohabitation with a new partner can all support a modification. We handle petitions on both sides.
  • Alimony enforcement. When a paying spouse falls behind or stops paying entirely, we pursue contempt proceedings and other statutory remedies. A support order is a court order. Noncompliance carries consequences including wage garnishment, asset seizure, and incarceration for willful contempt.
  • Alimony and domestic violence. The circumstances that contributed to the estrangement of the parties constitute one of the 12 statutory factors. A history of physical, emotional, or financial abuse weighs directly in the alimony analysis. We represent survivors whose experience of abuse should be reflected in the financial outcome of the divorce.

Why Choose Fait & DiLima Family Law for Alimony in Potomac, MD?

Financial Training Applied to Support Litigation

Alimony cases in Potomac, MD are decided by numbers. Not exclusively, but primarily. The statutory factors require the court to evaluate income, earning capacity, the marital standard of living, each party’s expenses, and the financial resources available to both households. Presenting those numbers persuasively requires an attorney whose training extends beyond the law library.

Marjorie G. DiLima, Managing Partner of Fait & DiLima Family Law, holds a J.D. and M.B.A., both earned with honors in 1994. She completed a Masters in Taxation at Georgetown University Law and is admitted to the U.S. Tax Court. She evaluates the after-tax impact of proposed alimony terms, challenges inflated expense claims with line-item analysis, and identifies hidden income that the opposing party may be underreporting.

Marjorie is also certified in mediation and collaborative law. When both parties negotiate honestly, mediation can produce alimony arrangements that are more flexible and more tailored to both parties’ actual circumstances than a court-imposed award. When the other party is not negotiating in good faith, we take the case to trial.

Credentials and Recognition

Super Lawyers has recognized Marjorie for 10 consecutive years. Best Lawyers named her in 2023 and 2024. The firm earned U.S. News “Best Law Firms” recognition in 2021, 2023, and 2024. Marjorie received the Bethesda Magazine Top Attorney designation for 2025 and holds a lifetime position in the American Inns of Court.

She has earned multiple recognitions from the Maryland Bar for her commitment to legal service delivery and teaches integrity and professionalism to paralegal students at Montgomery College. The firm has a consistent record of favorable outcomes in support, custody, and property division cases across Montgomery County.

Alimony Case Overview

Statutory Factors, Award Types, and Termination Under Maryland Law

Maryland gives judges broad discretion in alimony cases. That discretion is guided by statute, but it is not constrained by a formula. Two cases with similar marriage durations and income disparities can produce meaningfully different results depending on how the evidence is presented and which factors the court finds most persuasive.

  • 12 statutory factors: §11-106(b) requires the court to consider the requesting party’s ability to become self-supporting, time needed for training or education, marital standard of living, duration of the marriage, contributions of each party (monetary and nonmonetary), circumstances of the estrangement, age, physical and mental health, ability of the paying party to meet their own needs, any agreement between the parties, and the financial needs and resources of each spouse.
  • Rehabilitative alimony: Term-limited support designed to bridge the gap between the marriage and financial independence. The length varies based on the recipient’s age, work history, education, and the duration of the marriage. There is no formula linking years of marriage to years of support.
  • Indefinite alimony: Available only under two statutory conditions. The requesting spouse must demonstrate either an inability to become self-supporting due to age, illness, or disability, or that the post-divorce disparity in standards of living would be unconscionable.
  • Termination: Under §11-108, alimony ends upon the death of either party, the remarriage of the recipient, or a court finding that termination is necessary to avoid a harsh and inequitable result. Cohabitation by the recipient does not automatically terminate alimony, but it may form the basis for a modification petition.
  • Attorney’s fees: §11-110 authorizes the court to order either party to pay the other’s reasonable and necessary legal expenses in an alimony proceeding. The court evaluates the financial resources of both parties and whether there was substantial justification for bringing or defending the action.

Important Aspects in Your Alimony Case

The financial evidence drives the outcome of most alimony cases. Every other element of the case, including witness testimony, attorney argument, and judicial discretion, operates within the framework that the numbers establish.

Income documentation is the starting point, but it is not the finish line. A spouse who earns $350,000 in base salary but receives an additional $150,000 in bonuses, stock options, and deferred compensation is not a $350,000 earner. The full compensation picture must be presented. On the other side, a spouse who claims to need $18,000 per month in support must demonstrate expenses consistent with the marital standard of living, not a post-separation lifestyle inflated by discretionary spending that did not exist during the marriage.

  • The marital standard of living is the reference point. Courts examine how the family actually lived, not how either party believes they should live after the divorce.
  • Nonmonetary contributions matter. A spouse who managed the household, raised the children, and enabled the other spouse’s career advancement has a claim that Maryland law explicitly recognizes.
  • Duration of the marriage is a significant but not determinative factor. A 30-year marriage will generally produce a longer and larger award than a 5-year marriage, but the analysis is always multi-factorial.
  • Tax treatment of alimony changed under federal law in 2019. For agreements executed after December 31, 2018, alimony is no longer deductible by the payor or includable as income for the recipient. That change has fundamentally altered how settlement proposals are structured and evaluated.
  • Child custody arrangements affect alimony calculations. The parent with primary physical custody may have higher household expenses, and the court considers that when evaluating financial need.

Alimony Case Timeline

The duration of an alimony case depends on whether the dispute settles during negotiation or proceeds through discovery and trial as part of the divorce.

  • Filing: Alimony must be requested in the divorce complaint or counterclaim. A spouse who fails to request alimony during the divorce permanently waives the right to seek it. This is not a technicality. It is a jurisdictional requirement.
  • Pendente lite hearing: Temporary support motions are typically heard within 30 to 60 days of filing. The pendente lite award remains in effect until the court enters a final order.
  • Discovery: Both parties produce financial disclosures including tax returns, pay stubs, bank and investment account statements, business records, and expense documentation. In cases involving self-employment or complex compensation, discovery may extend to depositions and subpoenas. This phase takes three to six months in most contested cases.
  • Negotiation and mediation: Many alimony disputes resolve during settlement discussions, particularly when both parties have a realistic view of the likely outcome range. The court encourages resolution short of trial.
  • Trial: If the case proceeds to a merits hearing, alimony is presented alongside property division and, when applicable, custody. Both sides submit financial evidence, testimony about the marital lifestyle, and argument on the statutory factors. Vocational evaluators may testify about the requesting spouse’s earning potential.
  • Post-judgment: Either party may seek modification if a material change in circumstances occurs after the final order.

What to Bring to Your Alimony Consultation

A productive first meeting with an alimony attorney in Potomac, MD requires financial documentation.

  • Federal and state tax returns for at least the past three years
  • Recent pay stubs and documentation of all income sources, including bonuses, commissions, and investment returns
  • Monthly expense records reflecting the marital standard of living
  • Statements for bank, brokerage, and retirement accounts
  • Any existing prenuptial or postnuptial agreement that addresses spousal support

The goal of the first meeting is to assess how the statutory factors apply to your specific financial circumstances. A complete evidentiary record develops through the discovery process.

Maryland Legal Resources for Alimony

Maryland provides statutory and judicial resources for individuals seeking information about spousal support law and procedure.

  • The Maryland General Assembly publishes the full text of §11-106, including the 12 factors courts must weigh, the standards for indefinite alimony, and provisions governing the retroactive application of awards.
  • The Maryland Courts website provides general information about family law proceedings, including court forms, filing procedures, and information about alternative dispute resolution programs available in Montgomery County.
  • The IRS publishes guidance on the current federal tax treatment of alimony, including the elimination of the payor deduction and recipient inclusion for agreements executed after December 31, 2018.

Reach Out to Fait & DiLima Family Law to Schedule a Consultation

If you are facing an alimony dispute in Potomac, MD, Fait & DiLima Family Law is prepared to advocate for a result that accurately reflects the financial realities of your marriage. We represent clients across Montgomery County in initial alimony proceedings, modifications, and enforcement actions. Contact our office to schedule a consultation.

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Locations

Now proudly serving Washington, DC!

Frederick Office
(240) 698-2667
(by appointment only)

233 W Patrick St.
Frederick, MD 21701