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When Does Alimony Terminate in Maryland?
Unless the parties agree otherwise, alimony terminates: (1) on the death of either party; (2) on the recipient's marriage; (3) if the Court finds termination is necessary to avoid a harsh and inequitable result; or (4) on a date specified by the Court or by the parties' written Agreement.
If alimony is awarded by the Court, keep in mind that it is modifiable upon request of either party until the termination date specified by the Court.
In a recent Court of Appeals decision, the Maryland Court held that alimony under a parties' written Separation Agreement terminated upon the recipient party's remarriage, even though the Agreement did not specifically provide for termination of alimony upon the recipient party's remarriage.
Therefore, if parties intend to agree for alimony to continue after the remarriage of the recipient, it must be specifically stated in their Agreement.
Maryland law requires equitable distribution of property in a divorce. The court determines a fair award of property and debt. Unless the couple can reach a settlement, the court divides the marital property, pension, retirement, profit sharing or deferred-compensation plans. The court considers contributions of each party, the well being of the family, the property value, the economic circumstances of each spouse as well as current situations such as age, mental state, the duration of the marriage, and the interest each party has in the property.
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