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Can non-modifiable alimony be terminated in Maryland?

In Maryland, it is a common for parties’ Separation Agreement to provide that alimony is non-modifiable.  Family Law Section 11-108 provides that alimony can be terminated by the court in 3 situations: (1) remarriage; (d) death of either party; or (3) “if the court finds that termination is necessary to avoid a harsh and inequitable result”.  Unless the parties’ Separation Agreement expressly provides that alimony is not subject to termination, the payor spouse always has the right to petition the court to terminate alimony.

It is a common mistake for the attorney representing the recipient of alimony not to include language stating that the alimony is not subject to termination under Family Law Section 11-108.

Article by Stewart A. Sutton featured in the Maryland Bar Journal:
Emotional Distress Damages - Recoverable in Legal Malpractice Actions
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Law Office of Stewart Andrew Sutton, LLC
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Telephone: 301-916-5000
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