Which statement about modification of maintenance is true?

Which statement about modification of maintenance is true?

• A. Modification is retroactive
• B. Modification is prospective
• C. Modification requires remarriage
• D. Modification is not allowed

Answer: (B)

Maintenance modification is prospective. When a court adjusts the amount or duration, the change applies to future payments from the modification date (often from the date the petition for modification is granted or set by the order), not to amounts due in the past. This preserves stability and fairness, acknowledging that circumstances can change while past obligations stay governed by the original order. Typically, a modification arises from a substantial change in circumstances (income, needs, etc.). Remarriage of the recipient usually ends maintenance, rather than driving a modification, and stating that modification is not allowed is incorrect. Arrears that accrued before the modification can remain under the old order, but the new rate applies going forward.

Maintenance modification is prospective. When a court adjusts the amount or duration, the change applies to future payments from the modification date (often from the date the petition for modification is granted or set by the order), not to amounts due in the past. This preserves stability and fairness, acknowledging that circumstances can change while past obligations stay governed by the original order. Typically, a modification arises from a substantial change in circumstances (income, needs, etc.). Remarriage of the recipient usually ends maintenance, rather than driving a modification, and stating that modification is not allowed is incorrect. Arrears that accrued before the modification can remain under the old order, but the new rate applies going forward.