Spousal Maintenance

There are a number of creative methods to resolve the cash flow issues that warrant the establishment of spousal maintenance. It is the parties, their resources, the relevant statutory factors, and future goals and plans that determine what approach is most suitable.

For example, you may settle on permanent spousal maintenance or temporary spousal maintenance. The issue of spousal support can also be reserved, denied, or waived.

In addition, there may be a spousal maintenance buyout, in which one spouse is awarded additional property in place of ongoing support. This form of support is typically paid out as one lump sum.

It’s important to note that, in Minnesota law, parties can agree to divest the court of jurisdiction from modifying a spousal maintenance obligation, such agreements are typically referred to as Karon Waivers. If this agreement is included in the final Judgment and Decree, neither party will be able to modify spousal maintenance in the future.

This means that, no matter the circumstances, the details of a spousal support order cannot be modified or overturned. However, it’s important to note that the court must approve the Karon Waiver.

Spousal support is generally modifiable in Minnesota if the party requesting the modification can show a substantial change in circumstances rendering the current order unreasonable or unfair.

Clients seek our help with a spousal support modification because they are unhappy with the way spousal maintenance was resolved during their divorce. In some cases, clients may have gone through the divorce without the assistance of an attorney, or hired an attorney that was unable to clearly communicate the impact a spousal maintenance award would have on their financial situation moving forward.

If you are seeking a modification, the first thing we will do is look at the facts of your divorce. This information should be reflected in the divorce judgment and decree. We will then have a conversation about what has changed since the divorce. Maybe you are looking to terminate a spousal maintenance obligation or increase the monthly payment you receive. Or perhaps the receiving spouse has since become self-sufficient. Whatever the case may be, our next step is to fill in any information gaps that would prevent your case from being successful.

To move your case forward, we would prepare a motion and request a modification retroactive to the date of service of the motion. Once we have a pending motion, we will then be able to begin formal discovery to get the information we need to determine if there has been a required change in circumstances.

Once we have all of the puzzle pieces in place, we can then look at the language used in the judgment and decree to determine what a potential spousal support modification would look like for your specific situation.

If you are retiring and are looking for a way to terminate spousal maintenance, there are several creative options that may be available to you. This is a conversation you should have with your attorney early on, at least a year in advance of your planned retirement, to make sure that you are prepared and in a position to start a “good faith” retirement.

At Sheridan, Dulas & Kins, P.A., we would begin collecting documents, reviewing retirement benefits, and social security payments. Depending on your situation, we may take a more practical approach to terminate spousal support payments, such as a lump sum payment that functions as a spousal maintenance buyout. This approach eliminates any uncertainty regarding future payments and frees you to retire without a monthly support payment. You can eliminate additional court fees, attorney fees, and any other headaches that accompany ongoing modifications.

Of course, this may not be appropriate in every case. In order to learn more about the options available to you, you should consult with an attorney to discuss your specific situation and goals.