Blogs from 2026

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 (240) 652-2596 or contact us online.

Although some marriages can be ended amicably and swiftly between the parties, other divorce cases take months, or even years, to resolve. During the time a divorce case is pending in court, a lower-earning spouse might be at a financial disadvantage, or a parent may need a formal custody arrangement in writing for the stability of children. In such instances, temporary orders can be established to address these time-sensitive issues while you continue to work towards settlement.

Key Takeaways

• Temporary orders, sometimes known as pendente lite orders, are court orders issued before a final judgment is rendered. These orders help to maintain financial status quo, address immediate family needs, and ensure stability for children.
• Temporary orders in Maryland divorce can address critical issues such as temporary spousal support, pendente lite child support, child custody, use and possession of a family home, and domestic violence.
• Once a temporary order has been established, it is binding upon both parties until permanent orders are entered.

What is a Temporary Order in Divorce?

Sometimes referred to as a pendente lite order, a temporary order in a Maryland divorce is a court order that is issued before a final decree is entered. These temporary orders are meant to maintain status quo and address the immediate needs of a party while the case is ongoing. When the divorce case has been finalized, and temporary orders are replaced by those in the final judgment.

Types of Temporary Orders in Maryland Divorce

There are several types of temporary orders that can be useful to families in a Maryland divorce. For instance, parties may need to address financial support or child custody and access. There may be questions concerning the use of shared vehicles or which spouse gets to remain in the house. Temporary orders can address these issues and many others.

Some common temporary orders in Maryland divorce include the following:

• Temporary child support: Often referred to as pendente lite child support, temporary child support provides immediate financial assistance for children while a divorce case is pending. Temporary child support will ensure that a child’s basic needs are met before the final decree is issued. As with permanent child support, temporary child support is based upon parental income, the number of children, and overnight access.
• Use and possession: A temporary use and possession order grants one spouse the exclusive rights to live in a family home and use assets (such as vehicles) during divorce proceedings. Temporary use and possession orders are typically put in place to ensure stability for children and are generally used when parents are unable to continue to live together while litigation is pending.
• Pendente lite alimony: Pendente lite alimony, also referred to as temporary spousal support, can be ordered to maintain financial status quo for an economically dependent spouse. It helps ensure that a spouse that earns less is able to pay bills and cover essential expenses when a divorce is pending.
• Temporary child custody: A parent can file to establish temporary or pendente lite child custody when a divorce case is first filed. Temporary custody orders can address legal and physical care for a child, and define parenting time while divorce proceedings are ongoing. If parents cannot reach agreement on temporary custody, the Court will render a decision based on the “best interests of the child.”

Other temporary orders may address debt management and financial restraints. A court may also specifically order a higher-earning spouse to pay “suit money” to the lower-earning spouse so he or she can afford to hire or compensate an attorney.

Temporary protective orders can also be issued in cases where domestic violence has occurred to provide immediate relief during the initial stages of a divorce. Importantly, you do not have to wait until your divorce case has concluded to obtain a protective order. After a temporary order has been obtained and served on the respondent, the court will schedule a final protective order hearing within seven days. Both parties will be given the opportunity to present evidence and testimony. If a judge determines a permanent protective order is necessary, it may remain in effect for up to two years in certain situations.

How Do You Obtain a Temporary Order?

Temporary protective orders under the domestic violence statute should not be confused with an automatic restraining orders that prevent a spouse from disposing of financial assets. To obtain any temporary order in Maryland, you must file paperwork with the court to request the specific relief you seek. A request for temporary relief can be filed when you first file for divorce or while the case is ongoing. Your spouse must be served a copy of the motion you filed to request temporary relief to ensure that he or she is informed of your request. The court will then schedule a hearing on your request where a judge will evaluate the testimony and all relevant evidence to render a determination.

Once a temporary order has gone into effect, it is binding on both parties. If either party violates the temporary order, then he or she can be held in contempt of court and face various penalties. A judge may also order a person that violates a court order to pay attorney fees incurred by the person that seeks to enforce the court’s order.

Contact an Experienced Maryland Divorce Attorney

If you are facing divorce, it’s important to understand the types of temporary orders that may be available to you. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce and family law attorneys are dedicated to providing reliable representation for divorce and a wide range of family law matters. We will work diligently to ensure the necessary orders are in place as court proceedings are ongoing. Our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. To schedule a confidential consultation, call us at (240) 652-2596 or contact us online.

The new Maryland child custody legislation, primarily House Bill 1191 (now codified as Family Law § 9-201 and § 9-202), went into effect on October 1, 2025, has a significant impact on custody cases. Specifically, the new law formalizes the "best interests of the child" standard, emphasizes co-parenting, and promotes judicial transparency in child custody decision-making. Judges are now required to evaluate a number of statutory factors when determining custody matters, rather than rely on interpretations of the factors pulled from case law. While the new law will help to ensure more consistent judicial decisions, parents will still have the greatest certainty to know how their case will be determined when they make these decisions out-of-court.

Key Takeaways

• The new Maryland child custody law formalizes the “best interests of the child standard” by requiring judges to evaluate specific statutory factors related to the child’s stability and needs.
• Judges must articulate how each statutory factor applies to the case, increasing judicial transparency and reducing reliance on case law.
• A primary factor that courts must consider is cooperation and communication between coparents. Parents must be able to communicate effectively and reach shared decisions.
• The new law more clearly defines what constitutes a “material change in circumstances” for the purposes of modifying existing custody orders.

Codification of the "Best Interest" Factors

The Maryland child custody laws now require judges to examine a variety of factors related to the child’s day-to-day needs, stability, welfare, and a parents’ ability to effectively co-parent. While many of these factors are addressed in the case law courts have long relied upon in determining custody issues, courts are now required to consider them and articulate how each factor applies in making a determination in a custody case. The factors in the new statutory framework are as follows:

• The stability and foreseeable health and welfare of the child;
• Frequent, regular, and continuing contact with parents who can act in the child’s best interests;
• Whether and how parents who do not live together will share the rights and responsibilities of raising the child
• The child’s relationship with each parent, siblings, relatives, and other individuals important in the child’s life;
• The child’s physical and emotional security, and protection from exposure to conflict and violence;
• The child’s developmental needs, including physical safety, emotional security, positive self-image, interpersonal skills, and intellectual and cognitive growth;
• The daily needs of the child, including education, socialization, culture and religion, food, shelter, clothing, and mental and physical health;
• How to place the needs above those of the parents, protect the child from parental conflict, maintain the child’s relationships with parents, siblings, and relatives;
• The child’s age;
• Any military deployment of a parent and its effect, if any, on the parent-child relationship;
• Any prior court orders or agreements;
• Each parent’s role and tasks related to the child;
• The location of each parent’s home in connection with their ability to coordinate parenting time, school, and activities;
• The parents’ co-parenting relationship with each other;
• The child’s preference, if age-appropriate.

Judges may also consider any other factors they consider appropriate in determining how best to serve the physical, emotional, and developmental needs of the child.

Emphasis on Parental Communication and Co-Parenting

As a result of Maryland’s child custody law shift, cooperation between co-parents is now a primary factor that courts must consider when deciding custody cases. Parents should be able to reach shared decisions and communicate effectively regarding their child’s needs, scheduling, health, education, and well-being. A demonstrated inability to communicate or a history of high conflict between parents can significantly impact the outcome of a custody matter.

Judicial Accountability and Transparency

In accordance with the new Maryland child custody laws, judges are now required to articulate their reasoning on the record for each of the statutory factors. This helps to eliminate inconsistent results in connection with the reliance on case law and promotes uniformity across different jurisdictions in the state. The once subjective standards are now replaced with more rigid guidelines.

Clarification on Modifying Existing Orders

The new Maryland child custody law also more clearly defines what constitutes a “material change in circumstances” required to modify an existing custody order. It specifically addresses parental relocation as a material change, and removes specific mileage thresholds. Rather, it focuses on the impact of relocation on the non-relocating parent’s relationship with the child and provides for an expedited hearing if relocation would significantly interfere with parenting time.

Actions Parents Should Take When Involved in a Custody Dispute

Although the new Maryland child custody law brings greater clarity to the best interests of the child standard and more certainty regarding the outcome of a dispute, these child custody matters can still be very stressful for families. Importantly, there are several things that parents should do when facing a contested child custody matter to ensure their parental rights are protected and the best interests of their child are met:

• Focus on your child: The best interests of your child should always come first and foremost. Be sure to frame your custody arguments around the health, safety, needs, and welfare of your child, not your personal grievances against the other parent.
• Document your case: Documentation is key in a child custody dispute. It’s crucial to thoroughly document your involvement in your child’s life. Keep a detailed log of all parenting time, communications with your co-parent, and the specifics of the interaction with your child. Maintain copies of school records, medical records, teacher communications, and doctor appointment summaries to show your involvement in health and education matters.
• Seek legal counsel: Child custody matters can be complex. It’s essential to consult with a knowledgeable attorney who can best evaluate your case under the new statutory framework.

In addition, be sure to follow any existing court orders. Failure to do so can significantly harm your custody case and result in serious legal consequences, such as being held in contempt of court.

Contact an Experienced Maryland Child Custody Attorney

If you have questions about the new Maryland child custody laws, it’s essential to consult with a knowledgeable attorney. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce and family law attorneys are dedicated to providing trusted representation for a wide range of family law matters, including those involving child custody and custody modifications. Our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. To schedule a confidential consultation, call us at (240) 652-2596">(240) 652-2596 or contact us online.

Although many people traditionally viewed prenuptial agreements as a tool for the wealthy, they are no longer simply for those who are of high net-worth. These contracts are for any couple who wishes to protect the assets they bring into the marriage, keep debts separate, and safeguard business interests. Importantly, couples in the 21st century may also use prenups to encourage financial transparency, clarify financial expectations during the marriage, and ensure individual financial obligations are defined.

The following are several modern considerations for newly engaged couples who are contemplating entering into a prenuptial agreement in Maryland:

1. Clarification of Financial Expectations

A significant reason many couples enter into a prenup is to help prevent protracted litigation over property division in the event of divorce. However, these agreements can also be a powerful tool to encourage financial transparency and clarify financial expectations before a marriage begins and for years to follow. To create a durable prenuptial agreement a couple will need to discuss financial planning and objectives. These conversations can help to reduce the potential for disputes that may arise over money matters in the future.

2. Digital Assets

Many couples today possess not only traditional assets, but also digital assets. These types of assets should also be addressed in a prenup, just as any other property. Digital assets can include the following:

• Cryptocurrency
• Online businesses
• Domain names
• Social media accounts
• Intellectual property
• Airline miles
• Credit card points

A prenup should specify how each digital asset will be characterized in the event of divorce, as well as clarify how revenues from a digital asset would be divided. For instance, a prenup might clarify that any digital asset owned by either spouse prior to marriage be treated as his or her separate property, and also any income the digital asset generates.

3. Debt Management

Modern prenuptial agreements can be a crucial tool for ensuring debts, such as student loans and credit cards, are kept separate. A prenup can help ensure that each spouse remains responsible for paying individual debts, as well as define how debts incurred during the marriage are shared. Alternatively, if a spouse assists the other with paying down separate debts, a prenup can provide for reimbursement in divorce.

4. Lifestyle and Career Clauses

Prenups can include lifestyle and career clauses that define each spouse’s expectations beyond finances. For instance, they may specify penalties for infidelity (such as forfeiture of assets or alimony) or prohibit posting private or slanderous comments about a spouse on social media. Partners may also outline compensation a spouse would receive in a divorce if they gave up their career to care for children or support the other spouse’s career. However, lifestyle and career clauses may not be grossly unfair or violate public policy.

5. Social Media and Privacy Clauses

Social media and privacy clauses can legally define how couples share information about each other on social media. These clauses can prohibit posting private photos, regulate tagging, and establish rules for posting during the marriage and in the event of divorce. A prenuptial agreement can provide financial or other penalties that may be imposed for violations.

6. Business Interests

A solid prenuptial agreement can prevent a spouse’s business interests from becoming subject to equitable distribution in divorce. It can specifically define a business as the sole property of the spouse who originally owned it, along with any appreciation in value that occurs during the marriage. A clause addressing business interests can also specify that the non-owner should have no control over business operations, voting rights, management decisions, or any other aspect of the business - even if both spouses supported and participated in the business during the marriage.

7. Pet Custody

Although child custody matters cannot be determined in a prenup, pet custody can be addressed. Sometimes referred to on its own as a “petnup,” this clause can dictate pet ownership and care in the event a couple parts ways. While Maryland law still views pets as property, rather than members of the family, these agreements can outline who gets to keep the pet in a divorce and any visitation rights, as well as how expenses associated with the pet will be paid.

8. Sunset Clause

Couples often enter into prenups to protect their assets during the first few years of marriage. Under Maryland law, a sunset clause may be included in a prenuptial agreement that makes the document null and void after a certain period of time or the occurrence of a specific event. For example, a couple might agree that the prenup should expire after ten years of marriage or the birth of a child. Once the agreement is no longer valid, the couple might choose to enter into a postnuptial agreement. Otherwise, Maryland law would dictate the division of property and other financial matters in divorce.

Contact an Experienced Maryland Prenuptial Agreement Attorney

If you and your partner are considering entering into a prenuptial agreement, it’s important to ensure it is customized to fit your specific goals and financial needs. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys provide our clients with high-quality legal services for a broad scope of matrimonial and family law matters, including drafting, negotiating, and litigating prenuptial and postnuptial agreements. Trained in collaborative divorce, mediation, and traditional divorce litigation strategies, we work closely with our clients to achieve a favorable outcome in every case.

In Maryland, there are two types of alimony that can be awarded post-divorce: rehabilitative alimony and indefinite alimony, often referred to as permanent support. These payments are meant to help ensure the lower-earning spouse has the resources he or she may need when the marriage ends and a fair financial outcome is achieved. While alimony in Maryland is often one of the most contentious issues in divorce, it’s important to understand the difference between rehabilitative and indefinite alimony, and how an award of alimony is calculated.

Key Takeaways

• There are two types of alimony in Maryland that can be awarded as part of a divorce: rehabilitative and indefinite alimony.
• Rehabilitative alimony is short-term support awarded while a spouse gains the experience, education, and skills they need to become self-supporting. This type of support is preferred by the Courts and is designed to allow a spouse to transition and get back on his or her feet.
• Indefinite (or longer-term and modifiable) alimony is awarded in cases where a spouse cannot become self-supporting due to disability, illness, or advanced age. This type of alimony has no set end date unless it is modified or terminated.
• Alimony in Maryland is not based on a fixed formula. Rather, courts consider a number of factors to determine whether alimony should be awarded and the amount. No factor weighs more heavily than any other, and alimony is a difficult thing for any lawyer to accurately predict.

What is Rehabilitative Alimony?

Rehabilitative alimony is the most commonly awarded type of alimony in Maryland. This is short-term support that is designed to support a dependent spouse while they take the necessary steps to become self-supporting. The objective is to provide for the supported spouse as they gain the experience, education, training, or skills they need to become financially independent. Unlike permanent alimony, this type of support is limited in duration and has a specific end date.

What is Indefinite Alimony?

Indefinite alimony in Maryland has no end date. It is typically awarded in cases where a spouse cannot reasonably become self-supporting due to disability, physical or mental illness, or advanced age. This type of alimony is meant to address financial disparity and help ensure the financially dependent spouse does not suffer economic hardship after the divorce.

Indefinite alimony can be modified in the event there is a substantial change in the financial circumstances or financial need of either spouse, or terminated upon the death or remarriage of the recipient spouse. Although indefinite alimony is less commonly awarded than rehabilitative alimony, it is an important safeguard to prevent long-term financial hardship.

When is Temporary Alimony in Maryland Awarded?

Not to be confused with rehabilitative and indefinite alimony in Maryland, which are awarded post-divorce, temporary alimony is support that is awarded to a lower-earning spouse while the divorce proceedings are ongoing. Also referred to as pendente lite alimony, it is meant to help maintain the financial status quo between spouses before the divorce is finalized. Temporary or pendente lite alimony ends once the divorce decree is issued, at which time rehabilitative or indefinite alimony may be awarded.

How is Rehabilitative and Indefinite Alimony in Maryland Calculated?

Alimony in Maryland is not determined by a fixed mathematical formula. Rather, courts consider a number of factors to calculate the amount of spousal support that should be awarded. While the factors that are evaluated may vary depending on the facts of the case, they can include the following:

• The recipient spouse’s ability to become self-supporting
• How long would it take the recipient spouse to gain education and employment
• The prior standard of living during the marriage
• The duration of the marriage
• Each spouse’s monetary and non-monetary contributions to the family
• The circumstances surrounding the divorce
• The age and physical/mental health of each party
• Each spouse’s financial needs and resources
• Any valid prenuptial or postnuptial agreements addressing the issue of alimony

Alimony is a highly individualized determination in Maryland, with judges focusing on achieving an equitable financial outcome. Since the court has a considerable amount of discretion when it comes to awarding alimony and determining the amount, it’s often best for spouses to negotiate the matter between themselves.

Using Alternative Dispute Resolution to Determine Alimony

Spouses are not required to seek judicial intervention regarding the issue of alimony in Maryland. You and your spouse have the power and information required to negotiate the issue of alimony, including the amount to be paid and all other relevant terms outside of court. Specifically, mediation and the collaborative process can be used to help spouses communicate their specific needs and reach a creative resolution that might not be available in the courtroom. These options can allow spouses to remain in control of their case by crafting a tailored agreement, rather than allowing a judge to decide how much alimony to award.

Alternative dispute resolution can also significantly reduce the time and expense that is often associated with litigating the issue of alimony. By focusing on compromise and cooperation, these out-of-court methods can also promote amicability between spouses, which is essential when there is a desire to create and promote a positive co-parenting relationship. In addition, the agreement reached in mediation or the collaborative process can offer a level of customization that provides a more durable resolution, reducing the likelihood of future disputes.

Contact an Experienced Maryland Divorce Attorney

If alimony is an issue in your divorce case, it’s crucial to have knowledgeable counsel by your side to ensure your rights and financial interests are protected. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys provide skilled representation for matrimonial matters, including those involving alimony. Our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. To schedule a confidential consultation, call us at (240) 652-2596">(240) 652-2596 or contact us online.

If you are the non-custodial parent, you may be wondering what your rights are when it comes to your child’s medical and educational records. Even if you do not live with your child or share legal custody, you still have a right to be informed about your child’s health and schooling. Critically, Maryland law provides clear guidelines regarding a non-custodial parent’s rights to access a child’s medical and educational records. It’s important to understand your rights as a non-custodial parent and know what steps you can take if you are denied access to this important information.

Key Takeaways

• Under Maryland law, a non-custodial parent generally has the right to inspect and review their child’s medical and educational records, regardless of the custody arrangement, and unless a court order states otherwise.
• Maryland’s Family Code explicitly states that a parent cannot be denied access to their child’s medical records and school-related information solely because they do not have physical custody.
• Healthcare providers and schools are permitted to require the non-custodial parent to provide a copy of the current court order to verify that the legal right to access the records remains intact.

Who Gets to Make Medical and Educational Decisions?

If a child’s parents no longer live together, there are a few different child physical custody arrangements that may be followed. Parents may share either physical or legal custody, or both. Alternatively, either physical or legal custody may be sole and belong only to one parent. While physical custody refers to which parent the child lives with, legal custody has to do with who makes important decisions about the child’s welfare, medical care, education, and religious upbringing.

Parents who are divorced can decide on a custody arrangement between themselves. In the event parents cannot reach a custody agreement, a court would render a ruling based upon the “best interests of the child” standard. If parents were never married, paternity must first be established before a father can seek parental or custodial rights.

Non-Custodial Parent Medical Rights

Regardless of physical custody arrangement, a non-custodial parent typically has the right to see their child’s medical records. Even if one parent has sole legal and medical decision-making custody, the non-custodial parent generally still has the right to be informed about their child’s healthcare and well-being. However, a provider may require a copy of the current court order to verify that the non-custodial parent's medical rights remain intact and to confirm that the parent can legally access the child-related information.

Non-Custodial Parent Rights to Education Records

Maryland law specifically provides that if parents are divorced, separated, or otherwise living apart, both the custodial and non-custodial parent have the right to inspect and review their child’s educational records and any school-related information provided to the custodial parent.

What is school-related information? Md. Code Regs. 13A.08.02.30 defines “school-related information” as:

• Documents, which are regularly provided to the custodial parent at school meetings, by mail, or those that are sent home with the child;
• Statements regarding student and parent rights and responsibilities;
• School newsletters and school calendars;
• Notices of parent conferences, open houses, and plays; and
• Student records provided to the custodial parent, including report cards, disciplinary records, and special education notices.

The statute allows a school to require the non-custodial parent to pay a reasonable fee to obtain duplicate copies of the school-related information provided to the custodial parent. It also permits the school to require the non-custodial parent to sign an agreement that they will reimburse the school at the end of the school year for the costs of copying and mailing the documents. These fees can be waived if a non-custodial parent files a notarized statement that they cannot afford to pay them.

If the custodial parent files a court order with the school that specifies the non-custodial parent may not have access to the child’s records or school-related information, disclosure may not be made to the non-custodial parent.

Can a Non-Custodial Parent Be Denied Access to Their Child’s Medical and Educational Records?

Under Maryland law, a parent may not be denied access to a child’s medical records just because they do not have physical custody. Specifically, Md. Ann. Code, Family Law Article § 9-104 states:

Unless otherwise ordered by a court, access to medical, dental, and educational records concerning the child may not be denied to a parent because the parent does not have physical custody of the child.

A parent does not need to have legal custody of the child to access the child’s medical and educational records. As long as parental rights have not been terminated by court order, the statute generally allows a non-custodial parent to request and view these records. However, if a medical provider has a reasonable belief that a child has been subjected to abuse or neglect by a parent, then the provider may deny that parent access. A non-custodial parent may also need to present the provider or school with a copy of the current court order to show their parental rights remain intact.

What Can You Do If You’ve Been Denied Access to Your Child’s Records?

If you’ve been denied access to your child’s medical records or school-related information, there are some crucial steps you can take. First, ensure the healthcare provider or educational institution has a copy of the court order currently in place. If there is no protective order or court order that restricts your rights, the entity must provide the records. Ensure each request is in writing, and you document every time it has been denied.

In a situation where a custodial parent interferes with access to your child’s medical or school-related information, when the issue cannot be resolved, it may be necessary to file an enforcement motion in court. However, mediation can often offer a more cost-effective and efficient method of resolving custody-related disputes in a timely manner and without resorting to litigation. Another viable solution may be the use of a co-parenting app with a feature that allows medical and academic information to be stored and shared easily, with access to both parents, and without the need to communicate directly.

Contact an Experienced Maryland Divorce and Family Law Attorney

If you are facing an issue related to child custody or have questions regarding a non-custodial parent’s rights and access to school and medical records, it’s essential to have a compassionate and knowledgeable family law attorney who can best advise you and advocate for your rights. At the Law Office of Shelly M. Ingram, we are committed to working tirelessly on behalf of our clients and helping ensure the best interests of their children are met. Our Maryland family lawyers are trained in collaborative divorce, mediation, and litigation strategies and are dedicated to helping our clients resolve parenting and custody disputes amicably whenever possible. Contact us today or call (240) 652-2596">(240) 652-2596 to talk to a divorce attorney about your case or schedule a mediation.

In the past few years, there have been several changes to divorce law in Maryland that impact proceedings in 2026. These recent reforms are meant to streamline the legal framework of divorce and make the process more accessible, efficient, and less contentious. Specifically, these updates include a full shift to a no-fault divorce system, a reduction in the required separation period, new rules concerning a spouse’s assumable mortgage rights, and substantial changes to the standards used to determine child custody matters.

Recent updates impacting divorce law in Maryland in 2026 include the following:

1. Elimination of Fault-Based Grounds

In recent years, Maryland removed the fault-based grounds for divorce, shifting the state entirely toward a no-fault system based on irreconcilable differences, mutual consent, or a six-month separation. While these changes went into effect in October 2023, they continue to transform how couples approach divorce by eliminating the need to prove a spouse’s wrongdoing. The legislation also reduces the complexity often associated with divorce and can help reduce conflict.

In addition to simplifying divorce procedures, this new divorce law in Maryland can help promote privacy in divorce and allow families to avoid airing sensitive matters in an open courtroom on the record. Notably, in certain instances, spousal misconduct such as adultery can still play a role in determining alimony or property division, particularly in cases where it leads to dissipation of marital assets.

2. Separation Requirements Shortened

Prior to the 2023 change to Maryland divorce law, a 12-month separation was required to obtain a divorce based on separation. Recently, the law has changed this requirement to 6 months. Couples are no longer required to live separately in separate homes to fulfill the separation requirement. Now, couples can still reside under the same roof so long as they live independent lives while they wait for the six-month separation to occur.

The shortened separation requirement helps to remove some of the financial barriers a spouse with limited means might otherwise face in leaving an unhappy marriage. It also lessens the emotional strain spouses might feel by drawing out their divorce for an entire year before they are eligible to file. The new separation law and flexibility with respect to living arrangements can allow for more strategic and economically efficient separation planning.

3. Assumable Mortgage Rights

As of October 2025, the laws have changed, and it is now easier for spouses to transfer mortgage liability on most conventional loans. The new assumption rules allow a spouse remaining in the home to avoid refinancing if he or she financially qualifies. Assumption also helps to reduce the need for a forced sale due to the inability to qualify for a new mortgage and buy-out at a potentially much higher interest rate. Mortgage companies will still determine whether a spouse assuming the mortgage meets the necessary financial criteria to qualify for the mortgage on his or her own. This law can help preserve financial stability for the spouse keeping the home and help enhance fairness regarding property division.

4. Dissipation of Assets Heavily Scrutinized

Although adultery has been removed as a fault-based ground for divorce in Maryland, incurring lavish dating expenses during separation will be heavily scrutinized by courts based upon the precedent set in a key 2025 appellate case. In Sims v. Sims, the court clarified the rules regarding dissipation of marital assets. The court held that once a spouse shows significant spending on a paramour during separation, the burden shifts to the spending spouse to demonstrate that his or her expenses were legitimate. The case also specified and confirmed that assets acquired during the period of separation are still considered marital property.

5. Change in Child Custody Standards

Effective October 1, 2025, Maryland’s child custody laws codified 16 specific factors for determining the “best interests of the child” in custody cases. By outlining the factors for a judge to consider, this update reduces reliance on ambiguous case law and helps promote a standardized, uniform, and child-centric approach.

The new factors include:

• The stability and foreseeable health and welfare of the child;
• Frequent, regular, and continuing contact with parents who can act in the child’s best interests;
• Whether and how parents who do not live together will share the rights and responsibilities of raising a child;
• The child’s relationship with each parent, any siblings, and other relatives, and individuals important in the child’s life;
• The child’s physical and emotional security and protection from exposure to conflict and violence;
• The child’s developmental needs;
• The child’s day-to-day needs;
• How to place the child’s needs above the parents’ needs, protect the child from parental conflict, and maintain the child’s relationship with parents and others likely to have a significant relationship with the child;
• The child’s age;
• The military deployment of a parent and its effect on the parent-child relationship;
• Any prior court orders or agreements;
• Each parent’s role and tasks related to the child;
• The location of each parent’s home and how it relates to the coordination of parenting time, school, and activities;
• The parents’ relationship with each other.
• The child’s preference; and
• Any other relevant factors the court considers appropriate.

The law also applies to modifications of existing custody orders and further strengthens the legal protections against abuse and neglect of children.

Contact an Experienced Maryland Divorce Attorney

If you have questions about the changes to divorce law in Maryland and how these changes might impact your case, it’s important to consult with a knowledgeable divorce attorney. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys provide reliable representation for divorce and a wide variety of family law matters. Our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. To schedule a confidential consultation, call us at (240) 652-2596">(240) 652-2596 or contact us online.

Effective October 1, 2023, Maryland streamlined its divorce process by eliminating fault-based grounds for divorce. Instead, those filing for divorce now have three no-fault options to choose from. The aim of this legislative reform was to simplify and expedite divorce proceedings. It also helped make divorce more accessible and less adversarial. If you are considering parting ways with your spouse, it’s essential to understand the available grounds for divorce in Maryland and which are applicable in your case.

Key Takeaways

• As of October 1, 2023, Maryland eliminated fault-based grounds for divorce, shifting to a no-fault-based system.
• No-fault grounds for divorce include: six-month separation, irreconcilable differences, and mutual consent.
• In some cases, fault can still play a role in influencing the outcome of property division, alimony, and child custody.

What are the No-Fault Grounds for Divorce in Maryland?

Before Maryland’s divorce laws were reformed to only allow for no-fault divorce, spouses could claim the grounds of adultery, desertion, criminal conviction, or physical/mental cruelty. Those grounds are now eliminated and replaced by three no-fault grounds. This means that spouses filing for divorce no longer have to incur the expense of proving an affair or establishing other spousal misconduct.

Under the no-fault rules, the grounds for divorce in Maryland include:

• Six-month separation: The previous 12-month separation requirement for divorce is reduced to six months. Couples can now file for divorce after living separately for six months, even if they are still residing in the same home or on the same roof. However, they must maintain separate lives as demonstrated by separate finances, private bedrooms, etc.
• Irreconcilable differences: Irreconcilable differences are the primary ground for no-fault divorce in Maryland. Either spouse can claim that fundamental issues have resulted in the breakdown of the marriage and that it is beyond repair. No waiting period is required to file for divorce under this ground, and the filing spouse does not need to prove any marital fault.
• Mutual consent: The third ground for divorce in Maryland is mutual consent. To end a marriage on this ground, both spouses must sign a comprehensive settlement agreement that addresses alimony, property division, and child custody/support. This option allows for immediate divorce without a waiting period, provided neither spouse changed their mind between the time the settlement was signed and the date of the hearing.

By offering a more streamlined framework to part ways, the three no-fault divorce options can help reduce the conflict that comes with divorce and the costs associated with it.

Is Fault Still Relevant in Maryland Divorce?

Although the fault-based grounds for divorce in Maryland were replaced with three no-fault grounds, this does not necessarily mean fault no longer has a place in a divorce action. In some cases, fault or the reason for the breakdown of the marriage can still play a role in determining alimony, child custody, and property division. For instance, if a spouse wasted marital assets on carrying out an extramarital affair, adultery may be a factor in the court’s alimony or property division decision. Similarly, a spouse’s drug addiction, abuse, or cruelty may impact child custody matters if the child was exposed to these behaviors.

Pairing Mediation or the Collaborative Process with No-Fault Divorce

No-fault divorce is not the same as an uncontested divorce. With a no-fault divorce, there may still be issues that need to be resolved before a final judgment can be rendered. Mediation and the collaborative process are two forms of alternative dispute resolution that can help spouses settle the issues of property division, alimony, child custody, and support out of court.

With mediation, a neutral third party, called a mediator, helps facilitate communication and guides the spouses toward a resolution. While sometimes mediators are judges or lawyers, a mediator does not make decisions as a judge would or provide legal advice as an attorney. Rather, mediators can help spouses find common ground and identify creative solutions that might not be available in the courtroom. Mediation helps spouses focus on the future, instead of their conflict with each other.

The collaborative process uses a team of professionals who are assembled based on the specific issues in a case. These professionals help the spouses make informed decisions as a settlement is negotiated. A collaborative team may include mental health professionals, financial neutrals, and child custody experts, along with each spouse’s attorney. The process gives each spouse the opportunity to share their concerns and brainstorm options in order to reach a mutually acceptable, customized resolution.

Contact an Experienced Maryland Divorce Attorney

If you would like to learn more about the three no-fault grounds for divorce in Maryland and which may apply in your situation, it’s best to consult with an experienced divorce attorney. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys will work closely with you to ensure that you are informed of your options. Our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (240) 652-2596">(240) 652-2596 or contact us online.