When does alimony terminate?

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, based on a material change in circumstances, until the termination date specified by the Court.

The Maryland Court of Appeals 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.

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