In re Marriage of Orr

The Supreme Court affirmed the district court’s order denying Daniel Orr’s motion to modify maintenance, which was incorporated into the parties’ divorce decree from a marital property settlement agreement. In denying the motion, the district court concluded that the agreement could not be modified absent a written agreement of the parties and, further, that Montana law precludes a district court from modifying maintenance when an agreement prohibits modification. The Supreme Court affirmed, holding (1) the maintenance provision was an inseparable part of the property distribution provided in the agreement and could not be separately modified by a court upon Daniel’s motion; and (2) enforcement of the parties’ agreement was not unconscionable. View "In re Marriage of Orr" on Justia Law