How to Make Sure You Can Ask for a Divorce Modification Later
Divorce agreements in Maryland often address issues like child custody, child support, alimony, and property division. However, life circumstances can change after a divorce, making it necessary to seek a modification. It is important to understand how challenging it can be to obtain a modification. Even so, there are things you can do during the initial divorce process to protect your future rights.
Reasons to Seek a Divorce Modification
Several situations may lead you to request a modification of a divorce agreement. A significant change in financial circumstances is a particularly common reason. This could include:
Losing a job
Receiving a promotion
Facing unexpected medical expenses
Changes in a child’s needs — such as new educational or healthcare requirements — may also justify a modification.
If one parent relocates, it may require adjustments to custody or visitation schedules. Alimony modifications may also be necessary if either party’s financial situation changes substantially. For instance, if the receiving spouse becomes self‑sufficient or if the paying spouse retires, the court may reconsider the terms.
Challenges in Obtaining a Divorce Modification
Maryland courts do not grant divorce modifications easily. The person requesting the change must present strong evidence showing a substantial and lasting change in circumstances. Temporary or minor changes usually do not meet this standard.
The court will also consider whether the modification serves the best interests of any children involved.
Modifying property division is especially difficult. Maryland law generally does not allow changes to property settlements after the divorce is final. It is therefore important to advocate for fair property terms during the initial process.
How to Protect Future Modification Rights
During the divorce process, it is important to include clear and flexible language in the divorce agreement. Consider including provisions that allow modifications if circumstances change. For example:
Include a clause allowing for the review of alimony if either party experiences a significant income change.
It is also wise to document any anticipated changes in financial or personal circumstances. Keeping records of employment, medical conditions, and living arrangements can help support a future modification request.
By advocating for clear and adaptable terms at the outset, it becomes easier to seek changes when life circumstances evolve.
Bottom Line: If you anticipate needing to change divorce terms in the future, protect your rights by including flexible, clearly worded provisions in your agreement and keeping thorough records to support any modification requests.
