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Alimony can be a critical issue in many divorce cases. These are periodic payments made by the higher-earning spouse to the financially dependent or disadvantaged spouse. However, an alimony award isn’t always set in stone. In some cases, a party may request to modify alimony based on a substantial change in circumstances — or if the spouses agree on the modification. Alimony may also be terminated if no longer just.
There are several situations in which parties may be able to modify alimony without litigating the matter in court. If the spouses agree on alimony when getting divorced, the issue can be addressed in the settlement agreement. The document can state whether the award is modifiable in the future — and under what circumstances. If the settlement specifies that alimony is non-modifiable, it cannot be changed at any time by courts. Such a provision might be included in the event the recipient spouse negotiates a higher amount in exchange to waive a modification in the future. The parties themselves by agreement, however unlikely, may always modify alimony.
A settlement agreement might state that alimony can be modified only in certain situations, such as when both spouses consent to the change, if either spouse’s income increases or decreases by a certain percentage, or if a spouse becomes disabled, or only after a certain time period.
Absent a provision in the settlement agreement specifying that alimony is non-modifiable, if one spouse requests a modification and the other disagrees, the matter may need to be heard in the courtroom and decided by a judge. Importantly, even if spouses consent to the change, they will need to submit their agreement to the court to be signed by the judge and become a binding order.
When a court considers an alimony award, it will evaluate a variety of factors to determine the type of alimony, the duration, and the amount that should be issued to the recipient. However, in certain situations, an alimony award may be changed. A court can modify alimony if there is a material change in circumstances for either spouse.
Reasons a Maryland court might modify alimony can include the following:
In addition, the court may consider other situations involving a significant change in circumstances that requires a modification to an original alimony award. But if the change in circumstances should have been anticipated at the time the initial award was granted, the court might decline issuing a modification.
The paying spouse cannot simply decide to stop making alimony payments if there is an existing order in place, without court approval. If former spouses agree to modify alimony, a new agreement can be drafted and submitted to the court. Mediation can be helpful to assist with reaching a modification agreement.
If the spouses do not agree to modify alimony, there are certain procedures that must be followed to bring a case into court. The party seeking the modification would have to file a motion with the court requesting the modification — and serve the papers on the other party. Both parties would need to attend a hearing before a judge where they would present their arguments and evidence to support their positions. If the court finds that a modification is appropriate, a new alimony order would be issued.
Whether you are the paying or receiving spouse, it’s important to understand your rights when it comes to alimony matters. To learn more about how to modify alimony, contact Strickler, Platnick & Hatfield to schedule a consultation.
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