Waiver of Termination of Alimony
This is the Bradley vs. Bradley case, which was reviewed by the Court of Special Appeals of Maryland. The citation number is 214 Md.App.229, 76 A.3d 395 (2013). The parties were granted an absolute divorce by the Circuit Court for Montgomery County. Ex-Husband was paying indefinite alimony and wanted to modify the provision for the indefinite alimony in the parties' agreement. Ex-Husband wanted to terminate his obligation to pay alimony because he was collecting only social security receiving about $2k per month. His ground was that he is seeking termination due to avoid an inequitable and harsh result. The Circuit Court for Montgomery County dismissed his motion to stop alimony. However, the Court of Special Appeals of Maryland affirmed Circuit Court's decision to dismiss the motion.
In 1966, the parties married and was granted an absolute divorce in 1998. Ex-Husband agreed to pay alimony to his ex- wife non-modifiable about $2k indefinitely unless (a) death of either party and (b) remarriage of ex-wife.
In 2011, ex-husband filed a petition to terminate alimony. Ex-Husband contented to terminate alimony was necessary to avoid a harsh and an inequitable result. In 1998, ex-husband became disabled permanently where he is not able to earn an income whereby filing under the Bankruptcy protection under the Chapter 7 Code. Ex-Husband stated that his social security income was $2,110 after medical fees where he is left with $770 to live.
Ex-Wife who did not marry after the divorce requested to dismiss the E-Husband's petition to terminate the alimony. The court did dismiss the petition for terminating alimony. Ex-Husband argued that the court has the power to stop a party's responsibility to pay alimony to avoid an inequitable and harsh result because they did not agree to that. He contended that the parties did not agree to stop alimony. A court may stop his obligation to pay alimony.
However, she agreed to his by having a non-modification clause and a provision describing when alimony can stop. Ex-Wife argued that the parties agreed to otherwise. Court explained that the parties agreement is very clear that alimony stops when the ex-wife remarries or death to either parties. Due to the agreement, the court does not have jurisdiction to terminate alimony because the parties entered into a non-modification clause for alimony.