Monahan v. Monahan
Annotate this CaseJohn and Judith Monahan were married in 1976. In 2011, John filed a complaint for divorce. After a final divorce hearing held in 2014, the district court made several factual findings. The court then entered an initial divorce judgment awarding Judith monthly spousal support. The judgment provided that the spousal support award was non-modifiable. John moved to amend the judgment seeking modifiable spousal support so that the award would conform with the district court’s preliminary memorandum of decision, which did not state that spousal support may not be modified. In an amended divorce judgment, the court declined to make the spousal support modifiable. The Supreme Judicial Court affirmed the judgment as amended, holding (1) the district court did not err or abuse its discretion in regard to the marital property division; but (2) the divorce judgment must be amended to remove the language prohibiting modification of spousal support, as, pursuant to Me. Rev. Stat. 19-A, 951-A(4) as amended, the court could not direct that spousal support “may not be modified.”
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