In Maryland, remarriage directly affects alimony - but how it affects things depends on whether you receive or pay alimony. Maryland law has clear rules about when alimony stops after remarriage and other life changes. Careful consideration needs to be given to how different life changes impact alimony.

How Does Remarriage Impact Alimony?

Maryland law is clear when the receiving spouse remarries. When the receiving spouse remarries, alimony automatically ends unless an agreement specifically states that alimony continues after remarriage. This is based on the idea that alimony directly results from a specific marriage and when a new marriage occurs, the need for alimony from the prior marriage no longer exists. This applies whether the original award was rehabilitative alimony, which is designed to last for a set period, or indefinite alimony, which continues until either party dies or the court changes or ends it.

However, there is an exception to automatic termination. When divorcing spouses mutually agree, alimony can continue after remarriage. So, the specific language of your divorce decree or settlement agreement matters enormously. While uncommon, parties may agree to continue alimony after remarriage because of the recipient’s ongoing medical needs that require extra support or because continuing alimony is part of the bigger financial picture. In the rare instances when alimony does continue, it’s important to be aware that your legal document requires continued payment after remarriage and not just assume alimony ends.

Does the Paying Spouse’s Remarriage Affect Alimony?

If you are the paying spouse, remarriage brings no automatic change at all. Even if you remarry, take on new household expenses, or have additional children, you are still legally bound to fulfill the terms of the alimony order. Maryland courts do not reduce or terminate alimony simply because you’ve taken on new financial obligations in a new marriage. The focus remains on the financial needs and rights of the former spouse and the paying spouse’s income, not the new household’s costs.

This may surprise paying spouses who assume that getting remarried resets everything or gives them a reason to stop paying. It doesn’t. You must continue meeting your legal obligations until the court says otherwise. Attempting to unilaterally stop payments because of remarriage can expose the paying spouse to litigation, wage garnishment, contempt, a money judgment, and attorney’s fees.

How Else can Alimony Change or End?

While remarriage by the receiving spouse is the most straightforward trigger to end alimony in Maryland, it is not the only path to change or terminate these payments. Alimony terminates when:

• Either spouse dies
• For rehabilitative or term alimony, the last payment is made and payment term ends
• For court-ordered alimony, the court terminates alimony because justice requires termination

Situations that may cause termination of court-ordered alimony may include the paying spouse’s retirement, the receiving spouse’s employment eliminating the need for alimony, and paying spouse’s disability resulting in significantly decreased income.

Other examples:

Cohabitation:

If the receiving spouse is living with a new partner but hasn’t legally remarried, alimony does not automatically stop. However, the paying spouse may petition the court to modify or end the payments if they can prove that the cohabitation significantly reduces the recipient’s financial need. Or, the parties’ agreement may require termination.

This can be a challenging legal standard to meet because courts look for hard evidence - things like evidence of living together, shared living expenses, financial support from the new partner, or a merged household income. Without this proof, the court is more likely to reject a modification request, even if the cohabitation has been long-term.

Financial Changes:

The paying spouse can also seek modification if their own financial situation changes dramatically. For example;

• Job loss or reduced income
• Major health issues or setbacks
• Changes in financial need - like a significant, involuntary drop in income

If any of these reasons apply, you may be able to reduce or terminate alimony.

How to Confirm Termination of Alimony?

When an alimony termination event occurs, payments may not automatically stop unless further action is taken. Examples include: stopping automatic bank transfers and filing in court to terminate payment by earnings withholding order/wage garnishment. Filing in court helps protect against alimony continuing to be paid after the obligation has ended.

If parties agree to terminate alimony for other reasons, it may be necessary to update your agreement or court order to confirm an informal agreement to terminate. The same applies to modification of alimony. Not finalizing this in writing and with the court may lead to a legal dispute if someone changes their mind later about an informal agreement.

Take Action to Protect Yourself

Remarriage is an important life change that may lead to important financial changes for you and your ex-spouse. Maryland law provides clear rules, but every situation depends on the specific terms of your divorce agreement or court order and your current circumstances. You cannot rely on assumptions or informal agreements - you need to understand the impact of remarriage and what follow up steps are needed.

Lindsay Parvis has helped Maryland clients navigate complex alimony issues, from termination after remarriage to modifications based on life changes. She will carefully review your agreement or court order, explain your legal options, and help you take the right steps to protect you.

If you want to understand whether remarriage or other life changes affect your alimony, contact Lindsay Parvis today. She and her team are here to help you move forward with clarity and confidence.