Modification Of Alimony In Maryland

When going through a divorce, one important issue that must be addressed is alimony. Depending on the financial circumstances of each spouse, it may be appropriate for one spouse to pay the other spouse alimony (commonly referred to as “spousal support”) for a defined or indefinite period of time. The amount and duration of alimony, if any, may be decided by mutual agreement of the parties or by the Court if the parties do not agree.

If an alimony obligation is put in place as part of a divorce, the common question that often arises is whether that alimony obligation may be modified in the future. The party paying alimony or the party receiving alimony may want to modify the amount or duration of alimony for a number of reasons. For the payor of alimony, perhaps they had a change in or loss of employment which affected their income and ability to pay alimony. For the recipient of alimony, perhaps they had a change in circumstances following the divorce which increased their need for alimony. Put simply, life following a divorce can be unpredictable and there are countless reasons as to why an individual may wish to modify their alimony arrangement.

Whether or not alimony can be modified is often dictated by the express terms of the agreement or Judgment of Absolute Divorce addressing this issue. Section 8-103 (c) of the Maryland Annotated Code, Family Law Article states, in part: “The court may modify any provision of a deed, agreement, or settlement with respect to 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.” This statutory language is critically important for divorce litigants to understand. In essence, unless the terms of your divorce pertaining to alimony expressly state that the alimony terms are non-modifiable, the alimony obligation is presumptively modifiable.

As with most other decisions that are part of your divorce, the decision about whether to make an alimony obligation non-modifiable should be made with careful consideration. If the alimony is expressly non-modifiable, the payor receives some security in knowing that the alimony amount and duration cannot be increased; in that same token, there is some risk to the payor in that the alimony obligation cannot be decreased should circumstances change. Conversely, for the recipient of the alimony, there is a sense of security knowing that the alimony obligation cannot be modified, but the recipient is expressly waiving their right to seek an increase in alimony in the future. The decision about whether to make an alimony obligation non-modifiable must be made based on the unique financial circumstances of each party.

If you’re facing a divorce in Maryland and need help navigating the complexities of alimony and spousal support, it’s wise to consult with an experienced divorce attorney who can guide you through the process and help you understand your rights. The Greenberg Legal Group represents clients in complex divorce matters and issues regarding alimony and spousal support. Our firm is located in Annapolis, Maryland and practices in Courts throughout the State of Maryland. Please contact our office at (410) 237-6558 for further assistance.