Blogs from April, 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.