Can I Extend Alimony in Maryland After One Year?

Question from Sunshine, Can I Extend Alimony in Maryland After One Year?

Answer from AI:

Understanding Alimony in Maryland

In Maryland, alimony (spousal support) is ordered by the court to help a former spouse maintain a reasonable standard of living after divorce. The court’s primary aim is to balance the needs of the recipient with the paying spouse’s ability to pay.

Can You Petition for an Extension?

Yes, you may file a petition to extend the remaining year of alimony, but the court will only grant an extension if it finds a valid reason based on the statutory factors. Maryland law does not automatically extend alimony; a formal request and supporting evidence are required.

Legal Framework

• Maryland Code, Family Law Article, § 11‑106 – lists the factors the court must consider when setting, modifying, or terminating alimony.
• Family Law Article, § 11‑108 – governs motions to modify alimony orders.

These statutes are interpreted by Maryland courts in cases such as Miller v. Miller, 374 Md. 1 (2005), where the court emphasized the need for a substantial change in circumstances to justify modification.

Steps to Request an Extension

1. File a Motion to Modify Alimony

   • Submit the motion in the circuit court that issued the original alimony order.
   • Include a detailed statement of why an extension is needed.

2. Provide Evidence of Changed Circumstances

   • Recent pay stubs, tax returns, or proof of income loss for either party.
   • Documentation of increased expenses (e.g., medical costs, housing).
   • Evidence of the recipient’s continued inability to become self‑supporting.

3. Serve the Motion on the Other Party

   • The former spouse must receive a copy and has the opportunity to respond.

4. Attend a Hearing

   • Both parties may be asked to testify. The judge will weigh the statutory factors, including:
   • Length of the marriage
   • Standard of living during the marriage
   • Age, health, and earning capacity of each spouse
   • Contributions as a homemaker or caregiver
   • Any efforts by the recipient to become financially independent

Factors That May Favor an Extension

• Significant change in the paying spouse’s financial situation (e.g., loss of a job, reduced income).
• Continued need of the recipient due to health issues, disability, or inability to find comparable employment.
• Insufficient time for rehabilitation—if the original order was intended to allow the recipient to gain skills or education, but that goal has not yet been met.

When Legal Help Is Important

Because alimony modifications hinge on nuanced factual and legal analysis, consulting a Maryland family‑law attorney is advisable. An attorney can:

• Assess whether the change in circumstances meets the legal threshold for modification.
• Help gather and organize the necessary financial documentation.
• Draft and file the motion correctly to avoid procedural delays.

For official guidance, see the Maryland Courts’ Family Law page and the Maryland Code, Family Law Article (accessible through the Maryland General Assembly’s website).

Remember, each case is fact‑specific, and the court’s decision will depend on the evidence presented. Seeking personalized advice from a licensed attorney will give you the best chance of understanding your options and navigating the process effectively.