Is it Ever Possible to Change Alimony Payments in Maryland?

Alimony (also known as spousal support) is the amount of money one spouse pays to the other after they’ve divorced. It’s often involved in cases where there’s significant financial disparity between the spouses. Requesting a change in alimony–whether to modify the amount, extend the payment terms, or cancel it altogether–is not undertaken lightly by Maryland courts. They’ll look for specific reasons for the request and expect that it’s a result of a change in circumstances for one or both spouses.

In other words, there are reasons that the courts will accept for modifying alimony, but it’s not likely they’d accept a vague reason for it. Here’s what you need to know about changing alimony in Maryland.

What If One Spouse’s Financial Circumstances Have Changed?

If the financial circumstances have undergone a significant change, whether for the worse or the better, that can be a reason for requesting modifications to alimony. There are numerous ways the circumstances can change.

  • One spouse retires.
  • The spouse receiving alimony becomes self-supporting.
  • Either spouse receives a gift, inheritance, or significant pay raise.
  • Either spouse becomes disabled and unable to work or to earn their previous income, or a child from the marriage becomes disabled or chronically ill.
  • Either spouse loses their job or faces a significant loss of income.
  • The receiving spouse’s situation changes and their ongoing expenses are significantly reduced.
  • Physical custody of the couple’s children changes (for example, they had joint custody, but then one spouse takes over sole physical custody).

These are not all the conditions that may apply. If you’re unsure of whether your circumstances may apply, contact an experienced divorce and alimony attorney.

What if the Spouse Receiving Alimony Moves in or Marries a New Partner?

Often, people think that if the receiving spouse lives with or marries a new partner, alimony is no longer relevant and can be terminated. They’re partly right and partly wrong.

Cohabitation without marriage:

Maryland law says that in and of itself, a new live-in relationship without marriage isn’t necessarily grounds for ending alimony. Suppose the paying spouse can demonstrate that the new relationship has caused a significant change in the receiving spouse’s financial circumstances (as in, their monthly expenses are now shared and not as onerous as when they were single). In that case, the court may consider modifying or ending alimony, but it’s not guaranteed.

Remarriage: If the receiving spouse remarries, alimony is automatically terminated unless something in the divorce agreement that both signed has other provisions.

What Do Maryland Courts Consider When Awarding Alimony?

There are several factors that come into play when a couple divorces with alimony or requests modification later. Here are the most common factors. If you’re unsure of your situation qualifies, contact an experienced alimony attorney.

Length of the marriage

Financial situation of each spouse during the marriage and what the potential is in the future

Circumstances that led to the divorce (it’s important to note that things like infidelity may be considered by the judge, but legally, they’re prohibited from using it as the primary factor when ordering alimony, whether it’s the receiving or paying spouse that engaged in the infidelity)

The age, physical, and mental health of each spouse

Contributions (monetary and non-monetary) each made to the marriage (including if one spouse stayed home to raise children)

Each spouse’s financial resources

The ability of the paying spouse to manage the payments without having negative consequences on their finances

How alimony might affect a spouse with special needs to qualify for medical assistance

The ability of the receiving spouse to eventually become self-sufficient

What Is Needed to Prove Changes of Financial Circumstances to the Court When Requesting Alimony Modification?

Minor changes in financial circumstances usually don’t qualify for alimony modification. Maryland looks for a minimum of a 25% change in income, one way or the other. If the receiving spouse takes a new job that increases their income by 25%, the court may consider reducing the alimony. If the paying spouse suffers a change in employment leading to a 25% or greater pay cut, the court may also reduce the alimony payments. Either spouse can request a modification based on knowledge of the other’s financial circumstances and changes.

Another factor is fraud. If one spouse believes the other concealed some of their financial information in order to adversely affect alimony payments, they can request that be investigated. The court may change the alimony payments if they’re correct and the fraud is proven.

Proving the change in circumstances can involve significant paperwork, and it’s vital to work with an experienced alimony attorney to ensure adequate evidence is collected to present to the court. This likely involves financial records, including bank statements and pay stubs, investment records, documentation of debts, tax records, and other records that demonstrate monetary income and outgo.

What Should I Do if I Need Help with Modifying an Alimony Order in Maryland?

Call Paré & Associates as soon as possible at 301-962-2492 to schedule your free case evaluation. Because Maryland has specific requirements and restrictions on amending alimony, working with one of our experienced, knowledgeable alimony attorneys is a good idea. The process to request changes can be complex, especially if the other spouse objects. We can review the specifics of your case with you and help decide what approach might lead to the best possible outcome.