Maintenance: Modifiable or Non-Modifiable
Prior to negotiating Maintenance in the State of Colorado, also known as “Alimony” or “Spousal Support”, the parties to a Colorado divorce proceeding must consider whether the maintenance award will be modifiable or non-modifiable.
Most maintenance awards are subject to modification, meaning that either party may file a motion to modify the original court order. For some parties, modifiable maintenance is desired so they have the option of increasing, decreasing, or terminating the amount of the award when their circumstances change.
Non-modifiable maintenance is awarded only upon the agreement of both parties. The terms of contractual and non-modifiable maintenance define a fixed amount for a specific duration that will remain intact regardless of any changes in income or employment of either party. The risk inherent in agreeing to Non-Modifiable Maintenance is that, assuming the agreement is contractually sound, the Colorado courts will uphold and enforce the terms regardless of changes in circumstance. When parties enter into valid contractual and non-Modifiable maintenance, Courts do not have proper jurisdiction to modify it the terms absent agreement of the parties.