Claims for alimony are often a source of intense disagreement when spouses are seeking a divorce in Maryland or the District of Columbia. Indeed, other than child custody issues, alimony is often the most contentious part of a divorce proceeding. In this article, the experienced and top-rated Maryland and DC divorce attorneys at The Law Offices of Thomas Stahl discuss how claims for alimony can be waived.
In both Maryland and D.C., claims of alimony can be waived. One method of waiver is the simple expedient of not asking for it in the initial divorce papers or later in the proceedings. In both Maryland and D.C. divorces, if alimony is desired, the spouse wanting alimony must ask for it. In both jurisdictions, failing to ask for alimony is a waiver. After the divorce is finalized, there is no “going back” to the divorce court to obtain alimony. After the case is closed, alimony is waived forever. As one Maryland court stated, “… the right to claim alimony is extinguished at the time of the severance of the marital relationship.” Altman v. Altman, 386 A. 2d 766 (1978).
The other main method of waiving alimony is by agreement. This, in turn, can take several forms. One common form involves spousal agreements shortly before or at the time the spouses file for divorce. For example, in both D.C. and Maryland, divorcing spouses can reach a settlement agreement. In these agreements, the spouses can agree with respect to how marital property is divided and can even agree on some child custody matters. It is very common for such settlement agreements to deal with alimony issues either by agreeing that no alimony will be awarded or by setting the amount and term of alimony. In general, Maryland and D.C. courts will enforce such agreements (and, in some cases, are bound by the agreements made between spouses).
Another common form of spousal agreements about alimony are prenuptial agreements. Indeed, questions of alimony are often prominent issues in prenuptial agreements. Common provisions include an agreement for no alimony, or specified alimony amounts for specific terms, or an agreed formula of alimony payments based on, for example, the length of the marriage.
Prenuptial agreements are good methods of agreeing about alimony in advance of marriage.
However, the validity of prenuptial agreements is often challenged during a later divorce proceeding. Thus, the prenuptial agreement must be carefully executed. Among other things, the prenuptial agreement should be in writing and signed by both future spouses, with each spouse having separate attorneys review the agreement in advance of signing, etc. However, even with careful preparation and execution, divorce courts can “re-write” a prenuptial agreement and refuse to enforce an alimony provision. See, for example, the recent non-precedential case of Knizhnik v. Knizhnik, Maryland Appellate Court 2024. In that case, the divorce court held the couple’s prenuptial agreement to be valid but then refused to enforce the specific provision in the agreement with respect to alimony. The Appellate Court approved.
Maryland And D.C. Family Law Attorneys
Contact the seasoned and experienced Maryland and D.C. family law lawyers at The Law Offices of Thomas Stahl for more information. We have the skills and expertise you need. We have proven experience with family law for Maryland and the District of Columbia. Schedule a consultation today or call us at (443) 331-2770. We have offices in Columbia, MD, and Washington, DC.