Alimony does not always remain fixed after divorce. In Maryland, a court may modify the amount of an alimony award as circumstances and justice require. A Maryland family law attorney can evaluate whether your situation meets the legal standard and guide you through the process.
Post-divorce financial realities often shift. Income may increase or decrease. Health conditions may develop. Employment may be lost. However, Maryland courts typically require more than minor changes to have occurred..
Understanding what qualifies as a legal basis for modification of alimony is essential. Courts throughout Maryland apply this standard carefully.
When Can Alimony Be Modified In Maryland
A court may extend the period for which alimony is awarded if: (1) circumstances arise during the period that would lead to a harsh and inequitable result without an extension; and (2) the recipient petitions for an extension during the period.
The amount of an alimony may be modified as circumstances and justice require
Examples of life circumstances that may warrant a modification of the duration and amount of alimony include:
- Job loss or involuntary reduction in income.
- Serious illness or disability.
- Substantial increase in the alimony recipient’s income.
- Retirement.
The party requesting modification bears the burden of proof, and voluntary income reduction without justification rarely supports an alimony modification.
Modification of the Duration of a Rehabilitative Alimony Award
Rehabilitative alimony is alimony awarded for a defined period of time, wherein the recipient spouse works towards becoming self-supporting.
Pursuant to § 11-107(a) of the Maryland Family Law Article: the court may extend the period for which alimony is awarded, if:
(1) circumstances arise during the period that would lead to a harsh and inequitable result without an extension; and
(2) the recipient petitions for an extension during the period.
The court is also permitted to revisit indefinite alimony when considering an extension of alimony based on allegations of change in circumstance. However, the court may not relitigate matters that were, or should have been, considered at time of original alimony award. Therefore, the duration of an alimony award may only be modified if circumstances arise during period in which alimony was being paid/received.
Agreements That Limit Modification
Generally, a court may modify any provision of an agreement or settlement with respect to alimony, regardless of how such alimony provision in the agreement is stated. However, the court may not modify an agreement as to alimony if there exists:
(1) an express waiver of alimony or spousal support; or
(2) a provision that specifically states that the provisions with respect to alimony or spousal support are not subject to any court modification.
Before filing for an alimony modification, it is essential to review your settlement agreement regarding whether it contains a specific non-modifiability provision.
A divorce lawyer in Maryland can determine whether modification is an available option in your case.
Common Mistakes in Alimony Modification Cases
Many people assume any financial change qualifies for an alimony modification. however, minor salary adjustments rarely meet the standard.
Another mistake is waiting too long to file for a modification. Alimony continues under the existing order until the court modifies it, and a modification can only be dated back to the date of filing for such modification.
Some individuals stop paying support without court approval. This can result in arrears being established, as well as potential contempt and enforcement actions.
When To Contact A Maryland Family Law Attorney
If your financial circumstances have changed, consult a Maryland family law attorney before taking action. Early legal advice prevents costly mistakes.
We represent clients throughout Maryland, including Baltimore City, Prince George County, and Anne Arundel County. Our attorneys analyze statutory standards, financial documentation, and court practices before recommending a course of action.
A family law firm in Maryland understands how circuit courts interpret modification standards. Careful preparation strengthens your position.
