Modification of Spousal Maintenance
Modifying or terminating spousal maintenance can occur when certain standards are met.
DRL 248 provides that maintenance will terminate upon the former spouses remarriage. This is non discretionary and the termination of maintenance is required.
DRL 248 also allows the termination of maintenance at the court's discretion if it is shown that the former spouse is habitually living with someone else and holding themselves out to be their spouse.
DRL 236B (9)(b)(1) provides four reasons when a maintenance order can be modified. They are:
- The payee's inability to be self sufficient
- A substantial change in circumstances
- Financial Hardship
- Partial or full retirement of the payor if it results in a substantial change of financial circumstances
For agreements made in 2015 or earlier, the old standard of extreme financial hardship still applies.