If you are no longer satisfied with the spousal maintenance award outlined in your divorce Decree, a spousal maintenance modification may be an option for you.
However, you should not knowingly enter into an undesirable spousal maintenance agreement during a divorce with the hope it will be modified later. Depending on the facts and circumstances in your case, it may be difficult to modify spousal maintenance and it is always ideal to have an original spousal maintenance award that works for both parties when it is established.
In order to “open the door” for any spousal maintenance modification, the party seeking the modification has the burden to show a substantial change of circumstances has occurred since the time the maintenance award was set.
It is important to remember that the change must also make the award unreasonable or unfair. The change in circumstances may occur in either party’s finances or circumstances. The court will need proof of the income change and any other documentation that shows that a modification is necessary given the change in circumstances. For example, one spouse may have reported inaccurate information about their income or assets or may have received an inheritance, both of which are examples of changes that could lead to a modification.
Some other common reasons for spousal maintenance modification are if the party who is paying support suddenly becomes unemployed or the supported party receives an inheritance or some other windfall of money. A party who wishes to bring a motion to modify spousal maintenance may do so by serving and filing a Motion together with supporting Affidavits and Exhibits which inform the court why the existing spousal maintenance award is unreasonable or unfair.
With the help of our Minneapolis divorce lawyers, you can get advice on your spousal maintenance issues and the appropriate paperwork. Making the case for or against spousal maintenance modification requires an experienced attorney who will work with you toward achieving your goals.
At Clausen & Hassan, our lawyers pride themselves on how they serve our clients. Please reach out today for your free consultation—you can call our office at (651) 647-0087 or contact us by email at firstname.lastname@example.org.