Being laid off is an incredibly stressful experience on its own. However, this difficult situation becomes even more challenging if spousal maintenance (alimony) is involved. In Minnesota, a spousal maintenance order can be modified only if it has become “unreasonable and unfair.” The loss of a job is a common situation where the modification of maintenance is warranted. Taking proactive steps during this time is needed to protect your rights.
Preserving Retroactivity
Timing is critical. To preserve your ability to adjust maintenance retroactively, you must file and serve a motion to modify maintenance as soon as possible, even if you plan to supplement the motion later with more information. The court can only consider the date of service and filing when determining how far back a modified order may apply. The only exception to this rule is if both parties agreed to a date.
Waiting to file a motion means you may be stuck paying the current amount (or receiving too little) during the months before the motion is filed. Because discovery, mediation, and court scheduling can take six months or longer to get a decision back, a delay can result in significant financial consequences. Delays can also reduce the leverage you have in negotiations, given the limitations the court has in considering the effective date of the maintenance modification.
Mediation
In most cases, the court will require mediation before a motion to modify maintenance is heard. Mediation is often more cost‑effective than litigation and allows for more creative solutions, which are more appropriate for your situation.
Before mediation, the parties typically participate in some form of discovery (fact‑gathering) to help evaluate what a fair and realistic outcome should look like after a job loss.
Proving the Case
If mediation does not settle the case, the court will decide whether spousal maintenance should be modified. Under Minnesota law, the person requesting the change carries the burden of proof. This means that if you lost your job and are paying spousal maintenance, it is your responsibility to demonstrate that a modification is justified. The Court may decide the case just on affidavits and arguments of counsel, or require the parties to have a mini-trial where testimony is taken.
Depending on the circumstances, the court has several options in resolving the issue, which may include:
- Temporarily suspending maintenance
- Reducing or increasing the monthly amount of maintenance
- Requiring periodic updates on job search efforts
- Terminating maintenance entirely
An experienced family law attorney can help you evaluate your case and preserve your rights in this situation.
Contact Jon Engel (jengel@hjlawfirm.com) with questions about spousal maintenance.
