Proof of remarriage does make a prima facie case for the termination of maintenance, absent proof of extraordinary, strong, and compelling circumstances justifying its continuance. If the parties to a divorce enter into a separation agreement that sets maintenance and the district court incorporates that agreement into the divorce decree, then the maintenance is not subject to modification by the district court except as prescribed in the agreement or as subsequently consented to by the parties. This rule applies even when the recipient spouse remarries. The burden is on the recipient to prove that there are extraordinary, strong, and compelling reasons for continuation of maintenance after the recipient remarries. The division of property in a divorce operates retrospectively to adjust the rights of the parties to property already accumulated.
Maintenance is prospective and deals with future support.
The reasonable time frame is measured by determining when the movant came into possession of facts justifying the relief as compared to the time when he or she filed the motion seeking the relief. Opinion filed March 7, 1997. Affirmed in part, reversed in part, and remanded with instructions. The district court granted the parties a divorce on February 13, 1991. Said maintenance shall terminate upon the death of either party or upon the expiration of the 121 month statutory limitation of K.S.A. 60-1610.