Changed circumstances so substantial and continuing as to make the terms unreasonable — typically disability, involuntary income loss, or retirement; incapacity-based maintenance may be revisited if the incapacity ends. That is what separates Indiana modifying maintenance from a generic national summary. Read Ind. Code § 31-15-7-3 before the background sections below. Maintenance ordered as part of a property-settlement agreement may be non-modifiable depending on the agreement’s terms. Death of either party, remarriage of the recipient, or expiration of the maintenance term.
Grounds that most often succeed
- Retirement. Many states now treat reaching full retirement age as a presumptive or statutory ground. Early or voluntary retirement is scrutinized: courts ask whether it was in good faith, whether it was foreseeable at divorce, and whether the recipient had a chance to save.
- Involuntary income loss. Layoffs, business failure, disability, or industry collapse — with proof of diligent job-seeking. Voluntary underemployment is commonly met with income imputation instead of relief.
- The recipient's changed need. Improved earnings, remarriage-adjacent cohabitation, an inheritance, or reduced expenses.
- Health changes. New disability or extraordinary medical costs on either side.
- Cohabitation. Death of either party, remarriage of the recipient, or expiration of the maintenance term.
Grounds that rarely work: a new partner's income without statutory cohabitation, ordinary inflation, the payor's new family expenses standing alone, or a temporary dip in earnings.
Cohabitation and remarriage
Death of either party, remarriage of the recipient, or expiration of the maintenance term.
Cohabitation cases are intensely fact-driven: shared finances, shared household expenses, the relationship's public character, and its duration all matter. Indiana procedure requires proof — surveillance or speculation is not enough, and the recipient gets discovery and a hearing before payments stop. Until a court order issues, keep paying.
Step-by-step: how to file
- Read the decree and any incorporated agreement. Maintenance ordered as part of a property-settlement agreement may be non-modifiable depending on the agreement’s terms. Confirm the court retained jurisdiction to modify.
- Confirm the forum. Modification goes to a petition to modify filed in the court that entered the decree. If a party has moved away, UIFSA and registration rules determine where the petition belongs.
- Gather evidence dated to the change. Termination notices, disability awards, pension and Social Security statements, tax returns, medical records, or evidence of the recipient's cohabitation.
- File and serve promptly. Prospective; accrued installments remain due.
- Exchange financial disclosure. Many courts require updated financial affidavits; self-employment cases often add forensic accounting or a vocational expert.
- Seek temporary relief if needed. Where circumstances are dire, ask the court for interim reduction or suspension pending the full hearing — Indiana judges can grant temporary remedies in appropriate cases.
- Litigate, mediate, or stipulate. A settlement must be reduced to an order and entered before payment obligations change.
A concrete Indiana scenario
Here is one way the Indiana pieces fit together. Change any fact and the statute may point somewhere else.
A former spouse in Indiana asks to change periodic maintenance after retirement or a drop in income.
- File a petition to modify filed in the court that entered the decree.
- Match the facts to the Indiana standard: Changed circumstances so substantial and continuing as to make the terms unreasonable — typically disability, involuntary income loss, or retirement; incapacity-based maintenance may be revisited if the incapacity ends.
- Check whether this award can be modified at all: Maintenance ordered as part of a property-settlement agreement may be non-modifiable depending on the agreement’s terms.
- If the request is to end support, prove a trigger: Death of either party, remarriage of the recipient, or expiration of the maintenance term.
Prospective; accrued installments remain due. The forum is the court that issued the order, or the Title IV-D agency (county prosecutor / child support bureau).
When the change takes effect
Prospective; accrued installments remain due.
The corollary: unilaterally reducing or stopping payments before an order issues builds arrears, interest, and contempt exposure — even if you ultimately win the modification.
Awards that cannot be modified (or are hard to change)
Maintenance ordered as part of a property-settlement agreement may be non-modifiable depending on the agreement’s terms.
Common traps:
- Lump-sum or property-division awards styled as maintenance are usually final when entered.
- Agreement language that waives modification binds the parties even though the statute would allow a petition.
- Expired terms — once a fixed term lapses, most states will not revive it; a timely pre-expiration motion is critical.
- Jurisdiction reservations — in some states, if the decree did not expressly reserve jurisdiction to modify, no later court can.
Case law: how Indiana courts decide maintenance modification
These LawDiver opinions show how Indiana appellate courts weigh changed circumstances, retirement, and cohabitation:
In Re the Marriage of Michael W. PETTIT, Appellant (Respondent Below), v. Donna K. PETTIT, Appellee (Petitioner Below)
…v. Endsley (1977), 266 Ind. 267, 268, 362 N.E.2d 153, 154 (alimony judgment); Bahre v. Bahre (1967), 248 Ind. 656, 661-2, 230 N.E.2d 411, 415 (attorney fees); Marsh v. Marsh (1904), 162 Ind. 210, 212, 70 N.E. 154, 155 (alimony judgment). Nor is contempt available in every casé where a child support delinquency arises. Only upon a finding by the court that the delinquency was t…
Indiana opinions such as In Re the Marriage of Michael W. PETTIT, Appellant (Respondent Below), v. Donna K. PETTIT, Appellee (Petitioner Below) are cited where maintenance modification is disputed. The court stated: "Endsley (1977), 266 Ind. 267, 268, 362 N.E.2d 153, 154 (alimony judgment); Bahre v. Bahre (1967), 248 Ind. 656, 661-2, 230 N.E.2d 411, 415 (attorney fees); Marsh v. Marsh (1904), 162 Ind. 210, 212, 70 N.E. 154, 155 (alimony judgment)." That is the language to brief; the rest of the decision supplies the procedural posture.
In Re the Marriage of Charlene S. DeBOER, Appellant-Petitioner, v. David L. DeBOER, Appellee-Respondent
…Agreement in "Provision G" provided, in pertinent part: G. ALIMONY. David shall pay alimony to Charlene in the amount of $2,000.00 per month for a period of 15 years. These payments will terminate upon the death of Charlene. It is the intention of the parties that by reason of such payments, David will be able to deduct the same for income tax purposes and they shall be taxabl…
Practitioners open In Re the Marriage of Charlene S. DeBOER, Appellant-Petitioner, v. David L. DeBOER, Appellee-Respondent when Indiana maintenance modification turns on the distinction in this sentence: "Agreement in 'Provision G' provided, in pertinent part: G. ALIMONY. David shall pay alimony to Charlene in the amount of $2,000.00 per month for a period of 15 years. These payments will terminate upon the death of Charlene." Do not lift it out of the facts the court was deciding.
In Re the MARRIAGE OF Diane E. WILEY, Appellant (Plaintiff-Respondent Below), and James G. Wiley, Appellee
…lation of the divorce decree provisions concerning support, alimony, life insurance, and educational expenses and, on that basis, sought dismissal of Husband’s petition to modify weekly support and his punishment for contempt. A hearing on the petition and motion was held October 21, 1980. At that time, the motion to dismiss was denied and the petition to modify and motion for…
On maintenance modification, In Re the MARRIAGE OF Diane E. WILEY, Appellant (Plaintiff-Respondent Below), and James G. Wiley, Appellee speaks to the Indiana dispute in this passage: "Husband’s petition to modify weekly support and his punishment for contempt. A hearing on the petition and motion was held October 21, 1980." The surrounding opinion shows how the court applied that language to the record.
In Re the Marriage of Judy (Gonser) SCHROCK, Appellant-Petitioner, v. William A. GONSER, Appellee-R — Baker, J
…gislature, however, had difficulty determining questions of alimony. Thus, prior to the adoption of the Indiana Constitution in 1851, divorce proceedings were regarded as belonging to the equity courts, who had authority to determine child custody decisions as well as settle all property rights between parties. Id. As a result, while divorces were considered "civil actions," th…
In Re the Marriage of Judy (Gonser) SCHROCK, Appellant-Petitioner, v. William A. GONSER, Appellee-R — Baker, J is worth reading on Indiana maintenance modification because the court put the point in its own words: "Thus, prior to the adoption of the Indiana Constitution in 1851, divorce proceedings were regarded as belonging to the equity courts, who had authority to determine child custody decisions as well as settle all property rights between parties. Id." Use that passage as the starting point, then read the facts that precede it.
In Re the Marriage of Ronald Alan CADDO, Petitioner-Appellant, v. — Hoffman, J., concurring in part and dissenting
…as invalidated for the following reasons: "A maintenance or alimony award is designed to help provide for a spouse's sustenance and support; therefore, conditions are often attached to these awards which permit their alteration in light of changes in circumstances. However, permitting the amount of property disposition to be altered due to subsequent circumstances would unmista…
In Re the Marriage of Ronald Alan CADDO, Petitioner-Appellant, v. — Hoffman, J., concurring in part and dissenting is worth reading on Indiana maintenance modification because the court put the point in its own words: "A maintenance or alimony award is designed to help provide for a spouse's sustenance and support; therefore, conditions are often attached to these awards which permit their alteration in light of changes in circumstances." Use that passage as the starting point, then read the facts that precede it.
In Re the Marriage of Michael K. KIZZIAH, Appellant-Petitioner, v. Angie C. KIZZIAH, Appellee-Respondent
…of marital assets, custody, child support, visitation, and alimony. The trial court approved the Agreement and incorporated it into a dissolution decree. Michael agreed to pay Angie $606 monthly for alimony. The Agreement stated that this amount is "fixed until [Angie] remarries at which time [Michael's] obligation for payment of this support to [Angie] denominated as alimony…
Practitioners open In Re the Marriage of Michael K. KIZZIAH, Appellant-Petitioner, v. Angie C. KIZZIAH, Appellee-Respondent when Indiana maintenance modification turns on the distinction in this sentence: "The trial court approved the Agreement and incorporated it into a dissolution decree. Michael agreed to pay Angie $606 monthly for alimony." Do not lift it out of the facts the court was deciding.
Practical checklist before you file
- Identify which type of maintenance your decree awards — the modification rules differ by type.
- Confirm the decree or agreement does not bar modification.
- Document the change with third-party records, not just testimony.
- For retirement motions: assemble pension statements, Social Security estimates, the divorce-era financial disclosures, and evidence of good faith.
- For cohabitation petitions: gather admissible evidence and expect a discovery fight and an evidentiary hearing.
- Keep paying until the new order is signed; calendar the effective-date rules under Ind. Code § 31-15-7-3.
- Search LawDiver for recent Indiana appellate decisions before filing.
Key takeaways
- Indiana calls these payments maintenance, governed for modification purposes by Ind. Code § 31-15-7-3.
- The legal standard: Changed circumstances so substantial and continuing as to make the terms unreasonable — typically disability, involuntary income loss, or retirement; incapacity-based maintenance may be revisited if the incapacity ends.
- Prospective; accrued installments remain due.
- Termination events: Death of either party, remarriage of the recipient, or expiration of the maintenance term.
- Maintenance ordered as part of a property-settlement agreement may be non-modifiable depending on the agreement’s terms.
- File in petition to modify filed in the court that entered the decree — do not wait: Prospective; accrued installments remain due.
- Companion reading: Indiana maintenance guide and how to modify child support in Indiana.
The legal standard in Indiana
Changed circumstances so substantial and continuing as to make the terms unreasonable — typically disability, involuntary income loss, or retirement; incapacity-based maintenance may be revisited if the incapacity ends.
Courts start from the decree, not from scratch. The judge asks what the parties and the court knew when maintenance was set, what has changed since, and whether the change is significant and durable enough to make the existing terms unreasonable. The moving party carries the burden, and documentation — tax returns, pension statements, medical records, lease agreements — decides most of these cases.
Frequently asked questions
Can maintenance be modified in Indiana?
Yes, in most cases. Changed circumstances so substantial and continuing as to make the terms unreasonable — typically disability, involuntary income loss, or retirement; incapacity-based maintenance may be revisited if the incapacity ends.
Does retirement end maintenance in Indiana?
Retirement is a recognized ground in Indiana — Ind. Code § 31-15-7-3 governs how courts weigh it. Reaching normal retirement age carries more weight than early or voluntary retirement, and the recipient's own retirement readiness is considered.
Does my ex's cohabitation stop maintenance?
Death of either party, remarriage of the recipient, or expiration of the maintenance term. You must petition the court and prove the statutory elements — the obligation does not end by operation of the new relationship alone until a judge so orders (unless Indiana's statute makes termination automatic on remarriage).
Can maintenance be increased?
Yes, where the statute permits. Recipients who prove a material increase in need — often medical — can seek upward modification, subject to the payor's ability to pay.
Can Indiana courts modify maintenance retroactively?
Prospective; accrued installments remain due.
What if my maintenance was set by agreement?
Maintenance ordered as part of a property-settlement agreement may be non-modifiable depending on the agreement’s terms. Agreements matter: read the incorporated terms before assuming a petition will be heard on ordinary changed-circumstances grounds.
Related guides
- How Indiana calculates child support
- Indiana maintenance / alimony guide
- How to modify maintenance in Indiana
- How to modify child support in Indiana
Disclaimer
This guide is general legal information about modifying maintenance in Indiana, not legal advice. Statutes and case law change. Confirm the current text of Ind. Code § 31-15-7-3 and consult a licensed Indiana family-law attorney about your decree before filing or changing payments.