Bradley v. Bradley

76 A.3d 395, 214 Md. App. 229, 2013 WL 4778101, 2013 Md. App. LEXIS 116
CourtCourt of Special Appeals of Maryland
DecidedSeptember 6, 2013
DocketNo. 402
StatusPublished

This text of 76 A.3d 395 (Bradley v. Bradley) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bradley v. Bradley, 76 A.3d 395, 214 Md. App. 229, 2013 WL 4778101, 2013 Md. App. LEXIS 116 (Md. Ct. App. 2013).

Opinion

RAKER, J.

The Circuit Court for Montgomery County granted an absolute divorce to John Bradley, appellant, and Sharon Bradley, appellee. Relevant to this appeal, the parties entered into a separation agreement which provided that appellant pay appellee indefinite alimony and prohibited the parties from seeking a court order modifying the indefinite alimony provision of the agreement. Nonetheless, appellant sought to terminate his obligation to pay appellee indefinite alimony on the ground that termination was “necessary to avoid a harsh and inequitable result.” The Circuit Court for Montgomery County dismissed appellant’s motion to terminate alimony. Before this Court, appellant presents one issue for our review: whether the trial court erred in dismissing his petition to terminate alimony. We shall affirm.

I.

The parties were married on November 19, 1966. On April 16, 1985, the Circuit Court for Montgomery County granted the parties an absolute divorce and incorporated, but did not merge, their separation agreement into the divorce decree. On September 4, 1998, the parties executed a Second Amendment to Voluntary Separation and Property Settlement Agreement (“Second Amendment”). The relevant portion of the amendment states as follows:

“Husband shall pay to Wife, for her support, the sum of Twenty-Six Thousand Eight Hundred Dollars ($26,800.00) per year accounting from the date hereof, payable in equal monthly installments of Two Thousand Two Hundred and Thirty-Three Dollars ($2,233.33) on the first day of each month, for so long as the parties live separate and apart and until the first to occur of any of the following events:
[232]*232(a) remarriage of Wife, (b) death of either party. The aforesaid provision shall not be subject to modification by any court, unless the Wife becomes disabled, and is unable to perform any duties or earn any income in the teaching and clerical fields. Her disability must be certified by two (2) physicians who are licensed in the State of Maryland, one of whom shall be the Wife’s current treating internist or cardiologist.
The parties expressly waive the right ever hereafter to have any court change or make a different provision for the support and maintenance of Wife, except as provided herein, and they further expressly covenant and agree that under no circumstances, except those provided herein, shall either of them hereafter apply to any court for an increase or decrease in the amount of or a modification of the terms of such support and maintenance as herein provided.” (Emphasis added).

On October 27, 1998, the Circuit Court for Montgomery County incorporated, but did not merge, the Second Amendment into the divorce decree.

On September 30, 2011, appellant filed a petition to terminate alimony in the Circuit Court for Montgomery County. In his petition, he argued that termination of alimony was necessary to avoid a harsh and inequitable result because, since October 1998, he has become permanently disabled such that he is unable to work, has no income, and filed for Chapter 7 Bankruptcy. He claimed that his current income from Social Security is $2,110 and that, after medical expenses, he has only $770 to cover his other living expenses.

Appellee, who has never remarried, filed a motion to dismiss appellant’s petition. She argued that dismissal was required because appellant had waived his right to petition a court to make “a different provision for the support and maintenance,” except as provided in the agreement, and that appellant did not cite any applicable exception in his petition. The issue before the trial court was the construction of Maryland Code [233]*233(1984, 2006 Repl. Vol.) § 11-108 of the Family Law Article,1 which states as follows:

“Unless the parties agree otherwise, alimony terminates:
(1) on the death of either party
(2) on the remarriage of the recipient; or
(3) if the court finds that termination is necessary to avoid a harsh and inequitable result.”

Appellant responded by noting that appellee did not argue that termination was unnecessary to avoid a harsh and inequitable result. Further, appellant cited Moore v. Jacobsen, 373 Md. 185, 817 A.2d 212 (2003), in support of the proposition that a court could order the termination of alimony, even if the parties’ separation agreement contained a non-modification clause, unless the parties explicitly agreed that alimony would not terminate even if termination were necessary to avoid a harsh and inequitable result. He argues that, in this agreement, there was no explicit agreement as to § 11-108(3), termination to avoid a harsh and inequitable result.

The circuit court dismissed the petition to terminate alimony. In doing so, the circuit court stated that the termination provision barred the court from terminating appellant’s obligation to pay appellee alimony. Appellant noted this timely appeal.

II.

Before this Court, appellant argues that Moore enables a circuit court to terminate a party’s obligation to pay alimony in order to avoid a harsh and inequitable result so long as the parties did not expressly agree that avoidance of a harsh and inequitable result would not terminate the obligation to pay alimony. He argues that since the parties did not otherwise agree in the separation agreement, a court may terminate his obligation to pay alimony.

[234]*234Appellee argues that the court dismissed correctly appellant’s petition because the parties, in their voluntary separation agreement, agreed not to terminate alimony and agreed not to subject the agreement to court review. The parties did so, she argues, by including (1) a no-modification provision in which they clearly and unequivocally waived any right to court-approved modification and (2) a termination provision that states expressly when and under what circumstances alimony could terminate. Both provisions prohibit the court from terminating alimony. Thus, she concludes, in the words of the statute, the parties “agreed otherwise” and hence, the provisions in the parties agreement prohibit a court from terminating alimony pursuant to § 11-108(3). She maintains that this Court should not extend the rationale set out by the Court of Appeals in Moore because the Moore rationale applies only to cases where termination occurs by operation of law and does not require court action or discretion.

III.

We review a trial court’s grant of a motion to dismiss de novo. Andrulonis v. Andrulonis, 193 Md.App. 601, 612, 998 A.2d 898, 905 (2010). In conducting this review, we “assume the truth of all of the well-pled facts in the complaint and attached exhibits, and the reasonable inferences drawn from them, in a light most favorable to the non-moving party.” Murphy v. Fishman, 207 Md.App. 269, 281, 52 A.3d 130, 137 (2012). Dismissal is proper only if the well-pled facts and permissible inferences would, if proven, nonetheless fail to afford relief to the plaintiff. Monarc Const. Inc. v. Arts Corp., 188 Md.App.

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Related

Moore v. Jacobsen
817 A.2d 212 (Court of Appeals of Maryland, 2003)
Monarc Construction, Inc. v. Aris Corp.
981 A.2d 822 (Court of Special Appeals of Maryland, 2009)
Langston v. Langston
764 A.2d 378 (Court of Special Appeals of Maryland, 2000)
McAlear v. McAlear
469 A.2d 1256 (Court of Appeals of Maryland, 1984)
Campitelli v. Johnston
761 A.2d 369 (Court of Special Appeals of Maryland, 2000)
Harvey v. Marshall
857 A.2d 529 (Court of Special Appeals of Maryland, 2004)
Blaine v. Blaine
632 A.2d 191 (Court of Special Appeals of Maryland, 1993)
Winkel v. Winkel
15 A.2d 914 (Court of Appeals of Maryland, 1940)
Marshall v. Marshall
163 A. 874 (Court of Appeals of Maryland, 1933)
Lema v. Bank of America, N.A.
826 A.2d 504 (Court of Appeals of Maryland, 2003)
Andrulonis v. Andrulonis
998 A.2d 898 (Court of Special Appeals of Maryland, 2010)
Murphy v. Fishman
52 A.3d 130 (Court of Special Appeals of Maryland, 2012)

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Bluebook (online)
76 A.3d 395, 214 Md. App. 229, 2013 WL 4778101, 2013 Md. App. LEXIS 116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradley-v-bradley-mdctspecapp-2013.