Can The Maryland Alimony Award Be Extended Prior To Its Expiration Date?

Maryland usually awards alimony for a set period, and rarely indefinitely. For example, if someone receives rehabilitative alimony, it provides temporary assistance while the former spouse becomes independent. However, sometimes things don’t go according to plan, and after the alimony period ends, the person may be unable to provide for himself or herself independently.

In Maryland, there are circumstances that will allow an extension of the alimony term. Time is the key factor here.

When can Maryland alimony be extended?

Section 11-107 of the Maryland Family Law provides that the extension of the duration of an alimony award may be ordered by the court if two conditions are fulfilled. First, some circumstances should arise during the alimony period that will lead to a “harsh and inequitable result” if there is no extension. Second, the application for an extension should be filed while the initial alimony period is ongoing.

Thus, an automatic extension cannot be obtained simply because it would benefit the applicant. There should be certain circumstances arising during the alimony period to justify it.

For example, if rehabilitative alimony was granted to allow one spouse to obtain additional education or job training, an unexpected circumstance may arise that complicates finding an appropriate job. As a result, there will be the possibility of a harsh and inequitable result after termination of the alimony at the initial expiration date.

You cannot wait until the alimony term ends

Timing is an important aspect of Maryland’s extension law. You should apply for an extension during the alimony period; as soon as it finishes, no further alimony will be provided.

If the end date is approaching and you do not achieve financial independence as planned, you should evaluate this situation before the last payment.

What will the court consider?

Whether the court grants an extension request depends on the specific facts of your case. The court will be able to review the events that occurred after the initial order and whether the requesting person can support himself/herself or not.

Proving your position is very important here. The documentation of employment, income, education and explanations about any unexpected events will show why the alimony payments should be continued.

Besides, marital settlement agreements may affect your possibility of obtaining an extension. The extension can be stated there that under no circumstances will it be granted.

Contact a Bel Air, MD, Divorce Lawyer Today

The loss of your alimony may significantly affect your financial situation. There is a possible way out in Maryland. But you should remember that the extension request should be filed during the initial alimony period. Contact the Bel Air family lawyers of Schlaich & Thompson, Chartered for help with your alimony extension issue. Call our office today.