Does Cohabitation Terminate Alimony?
Does alimony end on cohabitation? Unlike our neighboring state, Virginia, Maryland does not terminate alimony upon cohabitation by statute. Section 11-108 of the Family Law Article of the Maryland Code states:
Unless the parties agree otherwise, alimony terminates:
- on the death of either party,
- on the marriage of the recipient or
- if the court finds that termination is necessary to avoid a harsh and inequitable result.
You can put a clause in your agreement that alimony stops on cohabitation. But what if you do not have such a clause? And your agreement further says that alimony is non-modifable?
The court in Moore v. Jacobs, 373 Md. 185 (2003), said that an agreement to pay alimony terminated on remarriage even though the agreement said alimony was non-modifiable and did not mention remarriage as a terminating event. The court reasoned that termination was not the same as modification. Also, the court said the statute controls and it created a presumption that alimony terminates on remarriage which was not overcome unless the agreement specifically stated that alimony did not terminate on remarriage.
The statute does not create a presumption as to cohabitation because cohabitation is not listed as a terminating event in the statute. But can you argue, based on Moore, that unless otherwise agreed by the parties, the court can still terminate alimony upon cohabitation to avoid a harsh and inequitable result? As always, I will appreciate your comments.
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