In Maryland, couples may include alimony provisions within their separation agreements. However, Maryland courts have the authority to modify these alimony terms in some cases. Goldberg v. Goldberg, 290 Md. 204, 209 n.5 (1981), notes that a court may modify alimony provided for in a separation agreement “unless there is a waiver or a specific statement that the payments are not subject to any court modification.”

This principle is made clear in Md. Code, Fam. Law § 8-103(c), which reiterates that courts may modify alimony in a separation agreement “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.”

How Courts Decide to Modify Alimony

Generally, Maryland law allows a court to modify alimony “at any time if there has been shown a material change in circumstances that justify the action.” Lieberman v. Lieberman, 81 Md. App. 575, 595 (1990) (citation and internal quotation marks omitted). This standard underscores the importance of having a clear understanding of the terms in any separation agreement if you want to limit potential court intervention in alimony adjustments.

Some examples of circumstances that might justify modifying alimony include a significant reduction in the paying spouse’s income due to job loss, a severe illness or disability that impacts a party’s financial situation, or an increase in the receiving spouse’s income or financial stability. These scenarios can trigger a reassessment of the existing alimony arrangement, as courts will consider whether the change is substantial and lasting enough to warrant an adjustment. Without a clear provision restricting modification, either party could seek relief from the court to reflect their current financial realities.

The flexibility of allowing court intervention can be essential for many couples. For instance, if one party unexpectedly loses their job, it may be perceived as fair to revisit the terms of alimony so that both parties can continue to manage financially. However, the absence of “not subject to any court modification” language may also mean a missed opportunity for couples looking for long-term stability. If an attorney neglects to include this restriction, the paying party could face future modifications they weren’t expecting, undermining the financial predictability they sought from the outset.

On the other hand, a non-modifiable alimony term can be a double-edged sword. While it provides the security of knowing the court will not change the agreed-upon amount, it can also prevent a spouse from seeking adjustments in legitimate hardship situations. Imagine a paying spouse who suddenly experiences a substantial and unexpected financial hardship, like a permanent disability. With non-modifiable alimony terms, this individual may still be obligated to make the same payments, despite no longer having the financial ability to sustain them. The “not subject to any court modification” language gives some couples the peace of mind of fixed terms but can also carry a risk if future circumstances change dramatically.

Customizable Separation Agreements with Non-Modifiable Alimony Terms

For couples looking to secure their agreement terms, our customizable Maryland Separation Agreement allows you to include language stating that alimony is “not subject to any court modification.” This feature gives you peace of mind by preventing future adjustments to alimony without the added complexity of court involvement.

If you’re considering alimony options as part of your divorce or separation agreement, this added control can be beneficial. It ensures that both parties are clear about the long-term effects of their agreement from the outset.

Summary

Maryland law permits courts to modify alimony in separation agreements unless specific language is included to prevent such changes. By choosing our customizable separation agreement form, Maryland residents have the option to avoid future modifications by the court, ensuring stability and clarity. Understanding the options available can help you achieve the best possible outcome during a separation, whether you wish to allow or restrict modification.

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