Modification of Spousal Maintenance in Minnesota
Time passes quickly after a Divorce is finalized, until a request is needed or made to modify the decree. Requests for modification of spousal maintenance includes an increase or decrease in yours or your ex-spouse’s income. Modification may be requested due to job loss, a raise, or a promotion. Retirement, disability, or a change in career paths can also lead to requests. .
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,
- Retirement of either 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.
Non-Modifiable Spousal Maintenance
Not all spousal maintenance orders can be modified. Some divorce decrees include a Karon Waiver. This waiver is named after a pivotal case decided in the Minnesota Court of Appeals. It involves a spouse’s waiver (release) of spousal maintenance. After the waiver was signed and officially became part of a court order, one spouse requested its modification. They cited a change in circumstances. The Minnesota Court of Appeals deemed the waiver of spousal maintenance agreement enforceable. The request for modification could not succeed. The waiver ceased any claim in spousal maintenance, including any potential request for modification, entirely.
Karon Waivers require specific language and understanding of future ramifications of the agreement to waive spousal maintenance. Failure to draft a Karon Waiver properly can subject both ex-spouses to modification of 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 for 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 Spousal 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, or
- Death of either party in some cases.