Legal Question in Family Law in Maryland

Re: Paying Alimony

A motion to modify alimony or cease it entirely can certainly be filed.

Whether it will be successful depends on several factors. First, in order to even get to the

merits of the motion, it must be shown that there is a material change in circumstance from when the

alimony began. Second, then you will need to present a case to support a modification.

One key factor to consider is how the alimony came to be. Namely, was it by agreement of the parties? If so, was such agreement

incorporated but not merged into the decree of divorce? Does the agreement have a clause that alimony shall not be modifiable by a court?

Otherwise, was the alimony by court order upon the decree of divorce? If so, was it ordered as permanent or for a term or some other basis?

Unlike child support, Maryland does not have a formula for determining whether alimony should be awarded and in what amount. Many things come into play with

alimony awards, such as the length of the marriage, the ability to pay alimony, the relative health of the parties, the respective responsibilities of the parties during the marriage, etc.

These factors are established in case law and the assistance of an attorney is advised.

Another question is the relative fairness of any property settlement and whether or not she was awarded a portion of retirement benefits.

Lastly, with the advent of Maryland's adoption of the Equal Rights Amendment, permanent alimony is a rarity.

If you would like to discuss, feel free to call me at (410) 799-9002.

G. Joseph Holthaus III, Esq.

Re: Paying Alimony

Concerning what Maryland's law is regarding the duration of alimony, unless the parties agree otherwise, alimony ends when either party dies, when the person being paid the alimony remarries, or when a court finds it necessary to end the alimony to "avoid a harsh and inequitable result" (in other words, when continuing the alimony would be unfair). However, the parties oftentimes enter into agreements stating that alimony will not end when these things happen; moreover, these agreements often say that alimony is not subject to court modification.

So, the question then becomes whether you can petition the court to end alimony. First, you would need to look at any agreement entered into between you and your (ex?) spouse to see if termination of alimony has been addressed. If any such agreement says that alimony is not subject to court modification and the agreement is valid, then trying to get a court to end the alimony is probably a waste of time. If there is no agreement or if it does not say alimony is not subject to court modification, you can go to a court to try to get alimony terminated. As a general matter, there must be a change of circumstances in your and/or your spouse's situation for you to have a good argument that alimony should be changed. You should talk to a lawyer to get further specifics after the facts of your particular situation are taken into account. I would be happy to discuss this with you if you would like to contact me at 301-296-4474. Good luck.