Also known as: material changes of circumstances · material change in circumstances · material changes in circumstances · substantial change in circumstances
Written by attorneys · grounded in primary & secondary sources — see below
A development of substantial significance that occurs after the formation of a premarital agreement or entry of a custody or support order. The change must create substantial hardship for a party or warrant modification to serve the best interests of a child.
Maya Malik signed a premarital agreement waiving spousal support on the assumption she could earn a modest income. Years later she developed a disabling autoimmune disease that left her unable to work while her spouse's royalties increased sharply. The court refused to enforce the waiver because the post-signing developments produced substantial hardship.
After the original custody decree awarded primary physical custody to the mother, the father petitioned for modification. He showed that the mother had begun cohabiting with a person whose presence created an unsuitable environment for the children. The court found a material change of circumstances and transferred custody because the new facts justified serving the children's best interests.
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Yes. Under the governing statute a court may refuse to enforce a term if enforcement would result in substantial hardship because of a material change in circumstances arising after the agreement was signed.
Supporting sources
Important new facts unknown at the time of the prior decree qualify. Courts have recognized endangerment to the child's physical or emotional health, a general decline in the children's condition with the custodial parent, or improvements in the noncustodial parent's situation as sufficient.
Supporting sources
A bona fide retirement made in good faith can constitute a material change of circumstances that justifies modification of spousal support.
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The change must arise after the agreement or order was made. Facts known or reasonably anticipated at the time of the original decree do not qualify as a material change.
Supporting sources
…a relatively minor difference in educational background between parents, known at the time of the divorce decree, constitutes a material change in circumstances warranting a change of custody. As to her lifestyle and Kellie Tabora’s residence, Rexayne Taylor argues that the circuit court made no finding of actual inappropriate behavior. Instead,…