b"Retirement and Spousal MaintenanceM&B CaresA Year in ReviewAs Baby Boomers ReachWhile in-person volunteer opportunities were limited due to COVID-19 considerations, our team at Moss & Barnett Their Golden Yearsfound other ways to give back to our communities and engage in acts of service. Our M&B Cares initiative led the following service projects in 2022:April L. Will Pillow Drive for Bridging612-877-5329|April.Will@lawmoss.com the employers retirement policies and benefits; bridging.orgLawMoss.com/people-april-l-will the prevailing economic conditions at the time of the partys April is a member of Moss & Barnett's Family Law team. Sheretirement; and; Imagine sleeping without a pillow? Thousands of families and individuals assists clients in all family law matters, including divorce andthe expectations of both parties regarding retirement atface this situation every day. M&B Cares partnered with Bridging to collect custody proceedings. new and gently used pillows and pillow cases, as well as cash donations the time of the divorce, particularly in cases involving anand direct donations, to meet this need in our community.early retirement.The U.S. is in the midst of a profound demographic shiftnearly 77 million baby boomers will reach average retirement age by 2030.If the obligors decision to retire was motived by a desire to reduce Retirement is an exciting milestone, but it also signals a change inor end spousal maintenance, the court may conclude the obligor financial circumstances. For baby boomers approaching retirementis retiring in bad faith and decline to modify spousal maintenance.Breaking Free Drop Off Centerage and still paying spousal maintenance, now is the time toHowever, if the obligor is retiring at a normal or customary retirementbreakingfree.netseek legal guidance. Generally, leaving the workforce does notage, the court may conclude the obligor is retiring in good faith andDuring the month of July, 2022, M&B Cares held a personal hygiene automatically terminate a spousal maintenance obligation.reduce or terminate spousal maintenance accordingly. products drive to benefit Breaking Free's Drop In Center. Breaking Free's mission is empowering survivors of sex trafficking and prostitution to build The Standard to Modify Spousal Maintenance Balancing Act new lives through safe housing, direct services, effective healing programs, In Minnesota, a party seeking to modify or terminate spousalIn all spousal maintenance cases, the court must balance thesurvivor advocacy, worldwide policy change, and hope. One component maintenance must satisfy a two-prong test. The moving partyneeds of the spouse receiving spousal maintenance againstof the services they provide is their Drop In Center where they provide the must demonstrate that: (1) a substantial change in financialthe financial condition of the spouse required to pay spousalbasic needs including safety planning, a place to rest, showers, and food.circumstances has occurred; and (2) the substantial change inmaintenance. circumstances renders the original spousal maintenance awardChili Cookoff in Support of Children's Law both unreasonable and unfair.When an obligor retires,the court considers all sources of income available to the obligor after retirement, which may include SocialCenter of MinnesotaFor most, there will be no greater change to ones financialSecurity payments, investment income from assets awarded inclcmn.orgcircumstances than retirement. But is that change sufficientthe divorce, and even investment income derived from assetsOn November 2, 2022, the M&B Cares Committee hosted a Chili Cook Off to modify or terminate spousal maintenance? The short answeracquired after the divorce.to benefit the Children's Law Center of Minnesota (CLC) Foster Kids Duffle isit depends.Bag Drive. Kids in foster care move around a lot so CLC makes sure that Likewise, the party receiving spousal maintenance must Good Faith Versus Bad Faith Retirement demonstrate an ongoing need for spousal maintenance.every new child client also receives a new duffel bag full of necessities.An obligor who experiences a substantial reduction in incomeIn assessing an obligees need, the court considers the obligeesPictured from left to right: Katie Daugherty, Maureen Montpetit (our Chili Cookoff winner), financial resources, whether or not investments were prudentlyJana Deach, Carrie Diaz, Taylor Sztainer, Jodi Newsom, Phil Rushafter retirement may be able to satisfy the two-prong test above.invested, and the obligees reasonable living expenses.However, Minnesota law requires additional analysis when a party voluntarily creates a change in financial circumstances, includingConclusionHope Academy Christmas Book Giveawaywhen an obligor voluntarily retires. Whether modification or termination of spousal maintenancehopeschool.org/christmasbooksSpecifically, the court will examine the motivation underlying theis warranted depends on the unique facts of each case. Judicial obligors decision to retire by analyzing the following factors: officers in family court have broad discretion, and the lawM&B Cares purchased and gift wrapped copies of two books, Just Mercy governing this topic continues to evolve. If you have questionsand The Hiding Place: Corrie Ten Boom, for the 8th grade students at the age and health of the retiring party; about your spousal maintenance obligation upon retirement,Hope Academy. Hope Academy is a private inner-city school serving over the employment history of the retiring party; please contact your family law attorney and Moss & Barnett.700 K-12 students in the Minneapolis area.8 9"