Modification of Spousal Maintenance in Minnesota May be Permissible
In the years following a divorce, unforeseen circumstances may occur causing an increase or decrease of you or your ex-spouse’s income stemming from job loss or raise and promotion, retirement, disability, or change in career paths. Other changes may include a spouse’s cohabitation or marriage to another partner, which could provide reason to request the discontinuation of spousal maintenance entirely. If such changes occur post-divorce, you or your ex-spouse may request modification of spousal maintenance under Minnesota Law.
Common Reasons for Seeking Spousal Maintenance Modification
A significant change in either ex-spouse’s income such as job loss, promotion, or retirement,
Illness or disability,
A recipient ex-spouse’s remarriage or cohabitation with a new partner,
Changes in cost of living,
Retirement of the paying ex-spouse, etc.
Legal Standard for Spousal Maintenance Modification
Modification of spousal maintenance may be requested if there is:
A substantial change in circumstances has occurred since the original order or most recent modification, and
The existing spousal maintenance order is unreasonable and unfair.
Modifiable Spousal Maintenance vs. Non-Modifiable Spousal Maintenance
Not all spousal maintenance orders can be modified. Some divorce decrees include a Karon Waiver, named after a pivotal case decided in the Minnesota Court of Appeals involving a party’s waiver (release) of their claim for spousal maintenance. After the waiver was signed and officially part of a court order, one spouse requested modification of the waiver citing change in circumstances. However, The Minnesota Court of Appeals deemed the waiver of spousal maintenance agreement enforceable, meaning the request for modification of spousal maintenance could not succeed because the waiver ceased any claim in spousal maintenance including any potential request for modification for spousal maintenance entirely.
Karon Waivers require specific language and understanding of future ramifications of the agreement to waive spousal maintenance.
General Steps to Request Modification of Spousal Maintenance
File a motion requesting modification of spousal maintenance with the district court.
Serve the other ex-spouse with the motion to modify spousal maintenance and supporting documentation.
Engage in exchange of discovery to determine an appropriate amount of modification.
Attend court hearing scheduled and be prepared to make arguments why modification of spousal maintenance is necessary and the amount of adjustment necessary.
The court may consider a variety of factors, including each party’s income, employment status, health, and the original purpose of the maintenance order.
Can Maintenance Be Terminated?
Spousal maintenance may be terminated under certain circumstances, such as:
Remarriage of the recipient (in some cases, the spouse’s remarriage may be grounds for automatic termination of spousal maintenance)
A significant change in financial needs or income
Death of either party in some cases