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Spousal Maintenance
Absent such a waiver,
spousal maintenance awards can be reviewed by the Court at a
later date to determine if the award should be modified, extended,
or terminated. To modify a spousal maintenance award,
the party requesting a modification must demonstrate that either
party has suffered a substantial change in financial circumstances
which makes the existing award unreasonable or unfair.
If the parties waive their rights to receive financial support
from each other, specific language may also be included to
dispossess the court of any authority to award spousal maintenance
in the future. Such language can also be incorporated into
an agreement to prevent a court from examining existing spousal
maintenance awards in the future. These types of waivers are
specific to the issue of spousal maintenance and cannot be
used by the parties to waive obligations with respect to the
financial support of children or relative to the authority
that the Court exercises over those children.
A court will consider a list of different factors in determining
whether an award of spousal maintenance is reasonable. Due
to the lack of any defined rules with respect to such awards,
it is important for both individuals requesting spousal maintenance,
as well as those who are asked to pay spousal support, to
consult with an experienced family law attorney to protect
their interests.
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