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Life often looks different after a divorce, and changes in your circumstances may lead you to wonder whether the provisions in your divorce decree can be modified. Because a divorce decree is a court order, there is no bright-line answer. Both the portion of the order you want to change and the circumstances surrounding the request can impact your ability to seek a modification. This series of articles explores what modifications might be possible and what the process looks like for some of the most common post-divorce issues.
In Maryland, alimony is based on principles of equity. There is no automatic right to receive alimony. Alimony is intended to help a spouse become financially self-supporting after a divorce.
Because alimony is based on equity, an alimony provision in a divorce decree is generally subject to modification unless the parties have agreed that it cannot be modified. Section 8-103(c) of the Maryland Annotated Code, Family Law Article, provides that “[t]he court may modify … alimony or spousal support … unless there is: (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.”
There is, however, an important limitation. If a divorce decree did not originally include an alimony award, the Court cannot later modify the decree to award alimony. The [now] Supreme Court of Maryland has repeatedly recognized that, under Maryland law, the right to seek alimony ends when the marital relationship is terminated. As the Court explained, “[t]he longstanding rule in Maryland [is] that the right to claim alimony is extinguished at the time of the severance of the marital relationship.” Altman v. Altman, 282 Md. 483, 490 (1978). If a divorce decree does not already include an alimony provision, a party cannot return to Court later and ask the Court to award alimony for the first time.
If, at the time of divorce, the parties entered into a valid agreement stating that the alimony structure in the agreement will be non-modifiable, the Court will have little power to change the terms of the agreement at a later date. Specifically, Maryland Code, Family Law § 11-101(c) provides that “[i]f a final disposition as to alimony has been made in an agreement between the parties, the court is bound by that agreement as the agreement relates to alimony.” An signed agreement stating that alimony is non-modifiable demonstrates that the parties intended for the agreement to be final and not subject to future modification by the Court.
Although the Court does not have the power on its own to modify a non-modifiable alimony provision, the parties may mutually agree to make changes to a non-modifiable alimony agreement. In that case, both parties may execute a new, valid agreement changing the terms of the alimony. However, if one party wants to change the agreement and the other party does not agree, the Court generally cannot modify the non-modifiable alimony agreement.
Including a non-modifiable alimony provision in an agreement can provide benefits and risks for both parties. Non-modifiable alimony can be beneficial because it provides both parties with the security and predictability of a financial arrangement which is not subject to change; it allows both the party paying alimony and the party receiving alimony to budget their finances based on this fixed arrangement. However, non-modifiable alimony can be risky for both parties because it prevents either party from seeking a Court modification if circumstances change. If either party loses their job or other life changes happen which warrant a modification of alimony, the party seeking the change would not be able to do so because of the non-modifiable nature of the alimony obligation.
If your alimony award is modifiable, the first step is to determine whether there has been a material change in circumstances.
A material change is a significant change in a party’s circumstances that occurred after the original alimony award was established. Maryland Courts have found material changes in circumstances in situations such as:
An alimony award may only be modified if the material change occurred while alimony was still being paid or received. The party asking for the modification – the moving party – has the burden of showing that a material change has occurred.
The Court will not revisit the same facts that were considered, or should have been considered, when the original alimony award was determined. Instead, the focus is on what has changed since the original order. If the moving party is able to sufficiently demonstrate a material change in circumstances, the Court will consider whether modification is appropriate.
There are two types of alimony that a party might seek to modify: rehabilitative and indefinite alimony. These categories relate to the duration of the alimony award.
Rehabilitative alimony is spousal support designed to help the receiving party become self-sufficient after divorce. It is typically temporary support structured to help the party increase their earning capacity. For example, rehabilitative alimony may be awarded to support a party as they re-enter the workforce or seek further education or training.
Indefinite alimony is spousal support awarded without a specified end date. Maryland Code, Family Law Section 11-106(c), states that a party may only receive indefinite alimony if (1) the “party seeking alimony cannot reasonably be expected to make substantial progress toward becoming self-supporting;” or (2) if, “even after the party seeking alimony will have made as much progress toward becoming self-supporting as can reasonably be expected, the respective standards of living of the parties will be unconscionably disparate.” While courts may award indefinite alimony, both Maryland caselaw and statute express a preference for rehabilitative alimony awards over indefinite alimony awards.
The amount of alimony may be modified as circumstances and justice require. The amount of an alimony award is based on principles of equity and is determined by the Court’s consideration of twelve statutory factors. Found in Section 11-106(b) of the Maryland Annotated Code, Family Law Article, these twelve factors include the ability to be self-supporting, the financial needs of one spouse, and the ability of the other spouse to pay. Courts have broad discretion when determining an equitable alimony award, but they must consider each of the statutory factors in their determination (Boemio v. Boemio, 414 Md. 118 (2010)).
If an alimony award is for a specific period of time, a modification may only be requested before the original duration expires, provided a material change in circumstances occurs. Once the set termination date for rehabilitative alimony passes and the award officially ends, the parties cannot come back to court to request a new alimony structure.
Note, a party receiving rehabilitative alimony may seek a modification to make a temporary award indefinite. To modify a time-limited alimony award to an indefinite award, the requesting party must meet both the statutory threshold for a material change in circumstances and demonstrate that they meet one of the two statutory requirements for indefinite alimony.
Pursuant to Section 11-106(b) of the Maryland Annotated Code, Family Law Article, alimony awards generally terminate when (1) the receiving party remarries; (2) a party dies; or (3) if the court finds that termination “is necessary to avoid a harsh and inequitable result.” Of course, the parties may also mutually agree to terminate an alimony award and sign a new agreement to that effect.
When it comes to modifying alimony, satisfying the material change in circumstances standard opens the door to the Court’s consideration, but it does not guarantee a modification. Once the threshold is met, the Court again considers the statutory factors and makes an equitable determination.
If you are considering a modification of alimony or spousal support, the attorneys at Greenberg Legal Group LLC can evaluate your circumstances and advise you on whether a modification may be warranted. Contact our office today to discuss your case further.
Amanda B. Shrock joined Greenberg Legal Group after being admitted to the Maryland Bar in 2026. She earned her Bachelor of Arts in Political Science from Swarthmore College. Amanda received her Juris Doctor, with honors, from Emory University School of Law.
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