How is alimony modified if I am retiring and my income changes?

Full question:

For modification of alimony, what form to apply to court for modification of alimony decree? I will be 66 this August and will start collecting Social Security, I'm assuming that the ex will get 50% of the value of my Social Security, which would be $300 more than I am now paying.

• Category: Divorce
• Subcategory: Spousal Support
• Date: 04/07/2025
• State: Maryland

Answer:

The following are Maryland statutes regarding alimony:

§ 11-106 FAM. LAW. Amount and duration of payment of alimony.

(a) Court to make determination. —

(1) The court shall determine
the amount of and the period for an award of alimony.

(2) The court may award alimony for a period beginning from the
filing of the pleading that requests alimony.

(3) At the conclusion of the period of the award of alimony, no
further alimony shall accrue.

(b) Required considerations. — In making the determination, the
court shall consider all the factors necessary for a fair and equitable
award, including:

(1) the ability of the party seeking alimony to be wholly or partly
self-supporting;

(2) the time necessary for the party seeking alimony to gain
sufficient education or training to enable that party to find suitable
employment;

(3) the standard of living that the parties established during their
marriage;

(4) the duration of the marriage;

(5) the contributions, monetary and nonmonetary, of each party to the
well-being of the family;

(6) the circumstances that contributed to the estrangement of the
parties;

(7) the age of each party;

(8) the physical and mental condition of each party;

(9) the ability of the party from whom alimony is sought to meet that
party's needs while meeting the needs of the party seeking alimony;

(10) any agreement between the parties;

(11) the financial needs and financial resources of each party,
including:

(i) all income and assets, including property that does not produce
income;

(ii) any award made under §§ 8-205 and 8-208 of this article;

(iii) the nature and amount of the financial obligations of each
party; and

(iv) the right of each party to receive retirement benefits; and

(12) whether the award would cause a spouse who is a resident of a
related institution as defined in § 19-301 of the Health-General
Article and from whom alimony is sought to become eligible for medical assistance
earlier than would otherwise occur.

(c) Award for indefinite period. — The court may award alimony
for an indefinite period, if the court finds that:

(1) due to age, illness, infirmity, or disability, the party seeking
alimony cannot reasonably be expected to make substantial progress toward
becoming self-supporting; or

(2) even after the party seeking alimony will have made as much
progress toward becoming self-supporting as can reasonably be expected,
the respective standards of living of the parties will be unconscionably
disparate.

§ 11-107 FAM. LAW. Extension of alimony period; modification of amount.

(a) Extension of period. — Subject to § 8-103 of this article, the
court may extend the period for which alimony is awarded, if:

(1) circumstances arise during the period that would lead to
a harsh and inequitable result without an extension; and

(2) the recipient petitions for an extension during the period.

(b) Modification of amount. — Subject to § 8-103 of this article and on
the petition of either party, the court may modify the amount of alimony
awarded as circumstances and justice require.

§ 11-108 FAM. LAW. Termination of alimony payment.

Unless the parties agree otherwise, alimony terminates:

(1) on the death of either party;

(2) on the marriage of the recipient; or

(3) if the court finds that termination is necessary to avoid
a harsh and inequitable result.