Alimony (called spousal maintenance in Minnesota) arrangements are common when there is a significant gap in earning capacity between divorcing spouses. The divorce decree will contain information specific to spousal maintenance that defines how much will be paid and when those payments will be due each month. It will also define how long spousal maintenance will be paid—there may be a specific end date, or it may end upon remarriage of the recipient spouse.
Like some other issues related to divorce, alimony arrangements can be revisited and modified after the fact, so long as the person petitioning for the adjustment is able to prove a substantial change of circumstances necessitating the modification. Here’s some information you should know.
What makes for a substantial change of circumstances?
Let’s say you have a spouse paying spousal maintenance who is no longer able to afford their payments. This spouse would need to file a motion in court to reduce the spousal maintenance amounts or terminate the spousal maintenance altogether. They would need to prove there has been a significant change in their financial circumstances, such as the loss of a job, a cut in wages, a disability or illness that impacts their ability to work or an illness or disability of another family member they are supporting.
Another example could be a change in the circumstances of the recipient spouse’s life. The person paying spousal maintenance might argue that a significant increase in wages could make spousal maintenance no longer necessary, or the recipient spouse’s expenses have been reduced because of co-habitation or other changes in living situation.
For more information about how to petition for a change in an spousal maintenance agreement, contact an experienced Minnesota divorce lawyer at Appelhof, Pfeifer & Hart, P.A.
"Tori had a thorough understanding of my situation and made excellent recommendations to resolve my concerns. She was persistent on communication and handled everything in a very timely manner. I would definitely hire her again in the future if needed." - M.K.
"With Appelhof, Pfeifer & Hart, P.A., it is like having a family physician. They are all knowledgeable, thorough, comforting, and the only call I need to make for all my legal needs for many years to come. No matter what the matter, I totally trust their advice and commitment to me and my family." - J.N.
"Mary from APH Law helped me thru a difficult divorce. She and the entire staff was there for me every step of the way helping me on what to do next. They listened to what I wanted and helped me achieve what matter the most to me in the divorce settlement." - Dana C.
"I chose APH after my initial consultation with Mary. I felt my best interest would be represented. The entire process went excellent, the attorneys and staff communicated effectively and efficiently with me throughout the process as they needed to. Being new to the legal process and verbiage, they walked me and talked me through the next steps and the jargon, I felt completely comfortable and represented. I hope I never have to use legal services again but if I do I will call Mary at APH Law and know that I will be taken care of." - Jeff M.
"Divorce is a time of emotion and stress. Mary Pfeifer , My lawyer was professional and compassionate. She was very informative through the process. Her insight helped me in my decisions. She worked hard to obtain a settlement which was fair to both parties.Though, I hope I won't need her help again. It is reassuring to know a good person that is willing to help." - Rod S.
"I first came to Ms. Jacquelyn Lutz of Appelhof, Pfeifer and Hart in October of 2016. It was definitely the worst time in my life and she compassionately spoke with me about my options. Ms. Lutz thoroughly explained the laws, statutes, process and what to expect going forward. What was supposed to be one case, turned into three intricate cases that took a huge toll on me and my family. Ms. Lutz represented me in court on all three cases with a vast knowledge of the laws and how to proceed accordingly. During all three cases she kept me informed, calm, gave me resources to utilize, and (most important) gave me a realistic view of what may come next. Ms. Lutz knew each case required a great deal of knowledge and creative thinking on how to legally proceed forward with each case. My family and friends are forever grateful for the amazing representation by Ms. Lutz. I highly recommend Ms. Lutz for anyone needing or considering superb representation for any kind of family law. " - M.H.