Non-modifiable means a term in a court order or agreement cannot be changed later regardless of what circumstances may arise. In Arizona family law the most significant use of non-modifiable provisions is in spousal maintenance agreements negotiated between the parties.

When both spouses agree to make a spousal maintenance obligation non-modifiable, neither party can later petition the court to change the amount or the duration no matter what happens to their income, their health, or their circumstances. The court also loses jurisdiction to modify it. That finality is one of the most valuable things a negotiated settlement can produce and it is simply not available through a judicial award. A judge who orders spousal maintenance always enters a modifiable order.

Non-modifiable provisions are only available through agreement. They cannot be imposed by a court. This is one of the primary reasons we encourage clients to consider mediation in spousal maintenance cases. The certainty a non-modifiable agreement provides has real financial and emotional value to both parties.

Child support and parenting provisions generally cannot be made non-modifiable in the same way because the court retains jurisdiction to protect the child's interests as circumstances change. Property division provisions are effectively non-modifiable once the decree is entered because property is divided once and finally.