Minnesota instituted a number of changes to the law relative to spousal maintenance effective August 1, 2024. One of these alters how the courts handle retirement of a party. The new statute allows for the modification of spousal maintenance upon the retirement of a former spouse who is paying spousal maintenance. The modification may (1) reduce; (2) suspend; (3) reserve; or (4) terminate the spousal maintenance.

Upon a motion to modify or terminate spousal maintenance, the courts will consider the following factors to determine the appropriate modification:

• whether the retirement is in good faith;
  • The statute now states that there is a presumption that retirement was not in bad faith once the retiring spouse reaches full retirement age or customary age in their occupation.
• whether the former spouse has attained the full retirement age under the Social Security Act (age 66 or 67) or the customary age for retirement in their occupation;
• whether the former spouse has reasonably and prudently managed their assets since the dissolution of the marriage; and
• the financial resources available to both former spouses.
  • There is now a presumption that a person of full retirement age (whether the spouse paying or the spouse receiving maintenance) will use both income and assets to meet their needs. This is a change from the past statute and appears to be a change from case law as well, where previously only the assets not awarded during the divorce needed to be used to meet a person’s needs.

As the retiring spouse, you may bring a motion to modify before you actually retire, as long as you have a specific date of retirement. The modification or termination can then be effective on the actual date of retirement. This is also a change, as previously a motion to modify could only be brought after retirement.

If retirement is in your near future or your former’s spouse’s future, our family law attorneys can help you determine what the next steps might look like. Contact us to see how H&S can help you.