While maintenance by decree may be modified by the court upon a showing of material change in circumstances, maintenance settled by a separation agreement that is incorporated into the divorce decree is not subject to subsequent modification by the court except as prescribed by the agreement or as subsequently consented to by the parties. Thus, trial court did not have jurisdiction to terminate spousal maintenance, as settled by parties’ separation agreement; parties agreed to amount of maintenance set forth in separation agreement and trial court approved agreement, and separation agreement gave court jurisdiction only to modify spousal maintenance.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com
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