Characterization of Maintenance
Maintenance agreement was an award of periodic maintenance for a fixed period rather than maintenance in gross and subject to modification or termination, where it was denominated as “transitional maintenance” and for a fixed rather than indefinite duration. In re Harris
An award of maintenance may be modified regardless of whether it is characterized as permanent or temporary as long as it does not explicitly preclude such modification; this also applies to situations in which a party seeks to terminate (or abate) an award of maintenance. In re Krupp
Under prior law, the fact that payments were for a sum certain to be paid over a specified time (five years) would have resulted in the characterization of the payments as in the nature of a property settlement, but this section allows maintenance for a limited time and sum, and the factors of definiteness in amount and time are not conclusive. In re Marquardt
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