Yes. In practice, there are two methods of waiving alimony under Maryland divorce laws. The most common method is to draft and sign an agreement to waive alimony in the event of divorce or separation. This is often included as a provision in a Maryland prenuptial agreement or, sometimes, contained in a separate written agreement. The second method involves actions taken during the divorce proceedings themselves. This can take the form of officially waiving any claim for alimony in court papers or not asking for alimony. Under Maryland divorce precedents, failure to ask for alimony is a waiver and, once the divorce is finalized, the spouse waiving alimony cannot return to the court to ask for alimony. See Altman v. Altman, 386 A. 2d 766 (Md. 1978) (right to ask for alimony “is extinguished at the time of the severance of the marital relationship.”).

If you have questions about alimony in a Maryland divorce, call us here at the Law Office of Robert Castro at (301) 870-1200. We are divorce attorneys in Waldorf, Maryland, and provide family law legal services for residents of Charles County and other communities in Southern Maryland. Here is some additional information.

Agreements to waive alimony

Generally, Maryland divorce courts will honor agreements between spouses to waive alimony. Further, any agreement to waive “alimony” apply to any form of alimony, including alimony that can be awarded during the pendency of the divorce proceedings. As noted, most often, alimony waivers are included in a prenuptial agreement but can be contained in a separate document. If you are seeking to agree to a waiver of alimony, it is best that both spouses have their own legal counsel to review the contract and provide separate legal advice. Any waiver of alimony should also be in writing.

A good case example is Luo v. Liu, Case Case No. 155900-FL (MD Court of Spec. Appeals 2021). In that case, the spouses signed a prenuptial agreement that waived alimony. The husband filed for divorce some years later, and the wife sought to have the prenuptial agreement held invalid. The trial court refused to invalidate the prenuptial agreement but awarded the wife temporary alimony. On appeal, the Maryland Court of Special Appeals reversed the awarding of temporary alimony. Given that the prenuptial agreement was deemed valid, its terms were to be enforced: alimony was waived, and that included a waiver of temporary alimony.

It should also be noted that if the parties seek a “no-fault” divorce by obtaining a divorce by mutual consent, the spouses must agree on all aspects of their divorce. This is another method that spouses can use to waive alimony.

Waiver by conduct

As noted, a spouse that wants alimony must ask for alimony from the Maryland divorce courts. Failure to ask for alimony will ultimately waive the right to alimony. This can be purposeful — that is, a spouse can make the conscious choice not to seek alimony. As noted above, this is another method of waiving alimony.

Contact Waldorf, Maryland Family Law and Divorce Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Divorce lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.