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Maintenance - Modification

Maintenance can be modifiable or non-modifiable depending on the wording of the original divorce documents. The parties can agree that Maintenance is non-modifiable by stating it clearly in the final divorce documents.

If there is no wording in the final divorce documents that makes maintenance non-modifiable then it is possible to modify it under certain circumstances. On a Motion to Modify Maintenance, the Court must find a “substantial and continuing” change in circumstances, which renders the original amount unfair.

Any change in circumstance will not suffice; rather, the Court must determine that the new circumstances make the current maintenance unconscionable for the party paying it.

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