Can I modify spousal maintenance upon my retirement?
Minnesota Family Law attorney Melisa Field discusses how to modify spousal maintenance when you retire.
Email: [email protected]
Phone: (651) 314-0059
It is a very common question and the answer is yes, you can if you meet the statutory criteria. The statute doesn’t actually say that retirement is a triggering event to modify spousal maintenance. The requirement in the law to modify spousal maintenance or child support is that you’ve experienced a substantial change in circumstances that makes the current support order unreasonable and unfair. If you’ve retired in good faith and you have experienced a substantial change and you can prove that you don’t have sufficient assets to pay child support spousal maintenance at the same amount then yes, you likely will qualify for medication. But it is likely that you’re going to have to disclose to the other side in the court all of your assets. We can see what’s really happening with your financial situation. Because a lot of people when they retire they’ve had an appreciation in assets since the divorce and some people do have the means to continue paying spousal maintenance at the previous award level.