Modifying and Extending Alimony
When a court will revisit an award, and the agreement term that stops it from doing so.
An alimony award is not necessarily fixed for its full term. Maryland allows either party to ask the court to change the amount, and allows a recipient to ask for an extension. Whether either is available in your case usually depends less on the statute than on what the settlement agreement says.
The standard for changing the amount
A court may modify the amount of alimony as circumstances and justice require. That is a deliberately broad test, and it is applied to what has actually changed since the award, not to arguments that could have been made the first time.
Changes that commonly support a request include a substantial and involuntary loss of income, a serious change in either party’s earning capacity, retirement at a normal age, or a significant improvement in the recipient’s circumstances. A voluntary reduction in income, particularly one that looks timed, is treated with scepticism.
Extending the term
A court may extend the period of an award, but two things must both be true: circumstances arose during the award period that would produce a harsh and inequitable result without an extension, and the recipient asks for the extension during the period of the award. Waiting until alimony has ended is fatal to the request. If an extension may be needed, the time to raise it is before the term runs out.
The clause that closes the door
This is the point that surprises people most. The court’s power to modify is subject to the parties’ own agreement. If a settlement agreement states that alimony is non-modifiable, the court generally cannot change it, no matter how much circumstances change afterwards.
That cuts both ways and it is a genuine trade. Non-modifiable alimony gives both people certainty: the payer knows the maximum exposure, the recipient knows the payments cannot be cut. It also means a job loss, an illness or a remarriage will not move it. Whether to accept such a clause is one of the more consequential decisions in a settlement, and it should be a deliberate choice rather than boilerplate that went unread. See settlement agreements.
When alimony ends
Unless the parties have agreed otherwise, alimony terminates on the death of either party or on the recipient’s remarriage, and a court may terminate it earlier if termination is necessary to avoid a harsh and inequitable result. Cohabitation is not automatically the same as remarriage; its effect depends on the agreement’s wording and on the financial reality it creates.
Filing matters more than agreeing
A private agreement between the parties to pay a different amount does not change the order. Arrears continue to accrue against the order as written, and a court modifying support will generally not reach back before the date a request was filed. If the arrangement has genuinely changed, file. See enforcement and modification of orders.
What to bring to the conversation
- The judgment of divorce and any settlement agreement, particularly the alimony article
- Proof of the change: termination letter, medical records, benefit statements, tax returns
- A current statement of income and expenses for both households if available
- The date the award began and the date it is due to end
Related
Official resources
Talk with a Towson attorney
The Law Office of Thomas K. Mallon, LLC offers a free consultation. Call (410) 847-9075 or request a consultation online. The office is at 1107 Kenilworth Drive, Suite 305, Towson, MD 21204.
This page provides general information about Maryland law. It is not legal advice, and reading it does not create an attorney-client relationship. Maryland law changes, and how it applies depends on the facts of your situation.