Under certain circumstances a person be able to stop paying spousal support in Maryland. A person will be able to stop paying spousal support in Maryland if a payee spouse were to remarry, or one or both of the parties were to die. Since there are various factors in Maryland to stop paying spousal support, it is best to seek legal counsel. A knowledgeable alimony attorney could help you create an agreement to end spousal support payments.
Requesting a Termination Of Spousal Support Payments
If the parties agree that they both would like to terminate alimony, they can create their own agreement in writing, with the help of an attorney or by themselves, and request the court to order that alimony be terminated. The court will always honor an agreement that is made voluntarily and without any force or duress. If both parties agree, they can certainly terminate spousal support payments.
Reasons To Stop Payments
It is rare that the recipient of spousal support payments would request that the payments be stopped but there could be a situation where the person is making enough of an income that they can support themselves. It could be a situation where the payor spouse has lost their job or has become disabled or a situation where custody has changed.
There are many factors in Maryland to stop paying spousal support, but the one fact remains that if the person receiving the alimony does not need or want the payments anymore, they would be able to come to an agreement with the other spouse. They would have to go to court and enter into a new court order to terminate the alimony, by agreement of the parties.
If the receiving spouse should ever decide they do not need the alimony, they most likely can reach an agreement with the paying spouse to stop payments. In addition, the receiving spouse may start receiving retirement income from the payor spouse so they may not need the spousal support anymore.
It depends upon whether the alimony was awarded by the court or by agreement. If it is by agreement, most likely the parties had counsel when this agreement was drafted and the spousal support termination will be spelled out in great detail. If there is an ambiguity in that agreement or the parties do not agree as to what the agreement means, then certainly they need to work with their attorneys to ask the court for assistance.
Duration of the Spousal Support
Every marital separation agreement should have a provision of alimony in it and will either state that one or both parties are waiving alimony from each other and that this is not modifiable by any court, or the agreement will set alimony. If alimony is agreed upon, the terms of the alimony will be spelled out, such as the amount of the alimony, the duration of the alimony, and under what terms that alimony can be modified.
Both parties should seek counsel to determine their rights with regard to drafting, interpreting, enforcing, and modifying any separation agreement.
Access to the Marital Separation Agreement
There should be a marital separation agreement filed with the court that was incorporated and not merged into a judgment of absolute divorce. Both parties could have access to the marital separation agreement at any time.
Both parties should always have a copy or an original of the marital separation agreement, and once it is filed with the court, either party can always get a copy from the court.
Parties that are not represented by attorneys do not have access to view these documents online. But when they hire an attorney, a lawyer may be able to go in and obtain these documents online and give a copy to their clients if they do not have it.
How Would Death Or a Remarriage Influence Spousal Support?
Remarriage of the payee spouse, the recipient spouse will automatically terminate alimony unless the parties agree otherwise in writing. If the payor spouse got married, then that does not terminate his or her order to pay alimony.
If either party dies, their alimony terminates immediately. If the payee spouse dies, the payor is not required to pay alimony to the estate of the paying spouse. Alimony is not meant to be a lifetime pension. In most circumstances, it is meant to be financial support so that the dependent spouse can be rehabilitated and can get to the point where they can independently support themselves.
Seek Help From a Local Spousal Support Attorney
Creating a spousal support agreement can be challenging. In extremely specific situations, a spouse may be able to stop paying spousal support. An experienced lawyer could examine the circumstances and help draft a new agreement. Schedule a consultation with a seasoned attorney to discuss the factors in Maryland to stop paying spousal support.