Spousal Maintenance Modification

Spousal Maintenance Modification – A party who is paying spousal maintenance may modify their spousal maintenance obligation if they have a substantial and continuing ongoing change of circumstances.

Spousal Maintenance – When a married couple gets a divorce, the court may award spousal maintenance to one of the former spouses. Based on the following factors:

  • The age, physical condition, emotional state, and financial condition of the former spouses;
  • The length of time the recipient would need for education or training to become self-sufficient;
  • The couple's standard of living during the marriage;
  • The length of the marriage; and
  • The ability of the payer spouse to support the recipient and still support himself or herself.

Why Spousal Maintenance?

The purpose of spousal maintenance is to avoid the unfair economic consequences of divorce by providing a continuing income to a non-wage-earning or lower-wage-earning spouse, paid by the higher-earning spouse.

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