Obtaining an Alimony Modification in Maryland

Alimony is a payment made by a higher-earning spouse to a lower-earning spouse during and after divorce to ensure that the financial needs of the economically dependent person are met while he or she works to become self-supporting. Alimony isn’t always set in stone. Under Maryland law, either spouse can request a modification of alimony (such that the amount of monthly payments can go up, down, or terminate all together) under certain circumstances. Whether you are paying alimony or receiving alimony, it’s important to understand when alimony can be modified and how to pursue a modification when needed.

Key Takeaways

• To modify an existing alimony order, you must demonstrate a material change in financial circumstances.
• If a divorce decree specifically states that alimony is non-modifiable, the court cannot change the amount or duration of alimony, even if there has been a material change in financial changes.
• Alimony modifications do not always need to go to court. Alimony can be modified outside of court using alternative dispute resolution methods such as mediation, negotiation, and the collaborative process.

What is an Alimony Modification?

An alimony modification refers to the legal process of changing a current spousal support order. Generally, unless the settlement agreement specifically states that alimony is “non-modifiable,” an alimony order can be modified when there has been a material change in financial circumstances after divorce. A minor or temporary change in financial circumstances is unlikely to qualify. However, the court may consider an increase or decrease in payments if there has been a significant and ongoing change.

Non-Modifiable Alimony

There are certain situations in which alimony cannot be modified. If the divorce decree specifies that alimony is “non-modifiable,” the court cannot change the amount or the duration. In such cases, alimony will remain unchanged, regardless of any financial change of circumstances or future events.

When Can You Obtain an Alimony Modification?

To modify an existing alimony order in Maryland, you must show that there has been a material change in financial circumstances. Critically, the change must be significant, involuntary, and unforeseen at the time the original order was issued. Courts usually consider at least a 25% change in income to constitute a “material” change. Voluntary actions, such as quitting a job, often will not qualify as grounds for modification.

Some common reasons a court would modify an alimony order can include the following:

• Involuntary job loss: if the paying spouse loses his or her job involuntarily.
• Serious health issues: if a spouse suffers a serious illness or disability that prevents him or her from working.
• Significant shift in income: if there is a substantial increase in the recipient spouse’s income or a decrease in financial needs, a court may decrease or terminate alimony payments.
• Cohabitation: remarriage of the recipient will terminate alimony in Maryland. At times, the cohabitation of an alimony recipient may be grounds for alimony reduction or termination - if the cohabitation significantly changes the recipient’s financial need.

Notably, a party’s retirement can also be considered a material change in circumstances, if the retirement was not taken into consideration during divorce negotiations. For instance, if the paying spouse’s retirement is due to medical reasons, a court may reduce alimony or terminate it altogether. But if the retirement is voluntary, a judge might be less inclined to grant a downward modification. While every case has its own unique set of facts and circumstances, the court is required to evaluate certain statutory factors when determining if alimony, or an alimony modification is appropriate.

What is the Court Process for Modifying Alimony in Maryland?

To obtain an alimony modification, you must file a petition in court and serve the other party with notice of your request to modify alimony. The court will then schedule a hearing where both parties can present testimony, evidence, and argument regarding the merit of the modification of alimony request. Evidence can include financial records, medical reports, documentation of employment, and any other relevant information.

Former spouses can modify alimony without the need for litigation. An oral agreement to modify alimony is not legally binding. For an order to modify alimony to be legally enforceable, it must be in writing, and signed by both parties as well as a judge.

Alternatives to Litigating an Alimony Modification

An alimony modification does not have to be litigated in the courtroom and out-of-court alternative dispute resolution (ADR) methods such as mediation, negotiation, or the collaborative process should always be considered. Rather than being bound to the court’s rigid criteria, parties can find creative solutions using one of these out-of-court processes. Out-of-court settlement is often faster and more cost-effective than litigation and can allow the parties to confidentially discuss their financial needs without subjecting themselves to the adversarial courtroom environment.

Contact an Experienced Maryland Alimony Attorney

If you are considering requesting an alimony modification or have been served with a petition for alimony, it’s critical to have the legal guidance you need. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce and family law attorneys provide trusted representation for a wide range of divorce and family law matters, including those involving alimony modifications. Our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. To schedule a confidential consultation, call us at (301) 658-7354 or contact us online.