Modifying, Extending and Ending Alimony in Maryland

Maryland alimony can be modified on petition as circumstances and justice require, extended during the award period to avoid a harsh and inequitable result, and terminates on the death of either party or the recipient’s marriage unless the parties agree otherwise.

Extension

Subject to Family Law § 8-103, the court may extend the period of alimony if circumstances arise during the period that would lead to a harsh and inequitable result without an extension, and the recipient petitions for an extension during the period (Family Law § 11-107(a)).

Modification

On the petition of either party, the court may modify the amount of alimony awarded as circumstances and justice require (11-107(b)), subject to § 8-103, which governs when an agreement makes support non-modifiable. Check whether your agreement says alimony cannot be modified.

Termination

Unless the parties agree otherwise, alimony terminates on the death of either party, on the marriage of the recipient, or if the court finds that termination is necessary to avoid a harsh and inequitable result (Family Law § 11-108). Cohabitation is not listed, but it can support a finding under the third ground.

Practical points

File before the period ends if you want an extension, keep records of the changed circumstances and read the agreement for waivers of modification.

Evidence to gather

The judgment or agreement, before-and-after income and expense records, medical records and the date of any remarriage.

Documents to gather

The judgment or agreement, proof of the change in circumstances with dates and any waiver of modification.

Next steps

See indefinite versus limited alimony for how awards are first set and the Maryland alimony calculator to test a ceiling after a change.

Frequently asked questions

Can Maryland alimony be modified?

Yes, on petition of either party as circumstances and justice require, subject to Family Law 8-103.

Does remarriage end Maryland alimony?

Yes, unless the parties agree otherwise.

Does cohabitation end Maryland alimony?

It is not a listed ground, but the court may terminate alimony if necessary to avoid a harsh and inequitable result.

Does death end Maryland alimony?

Yes. The death of either party terminates it, unless the parties agree otherwise.

Can an agreement make Maryland alimony non-modifiable?

Yes, subject to Family Law 8-103; read the agreement carefully.

Official sources

Going through a divorce or custody case in Maryland?

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This is general information, not legal advice. It is based on the cited Maryland statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Maryland attorney.