b'New Chapter Ahead: Retirement and Modification of Spousal MaintenanceJames J. Vedderpeople born prior to 1954 and 67 for most everyone else. When"Something Old, Something New" Continued from Page 3612-877-5294|Jim.Vedder@lawmoss.com considering a modification of spousal maintenance based on LawMoss.com/people-james-j-vedder retirement, the Court must consider if the payor is eligible toSubstantive FairnessConclusion receive full retirement benefits based on their age. Alternatively,An antenuptial agreement must be substantively fair to beThe above changes to Minnesotas antenuptial agreement statute the Court must consider the payors occupation and theenforceable. A courts substantive fairness analysis was previouslyare intended to provide greater certainty regarding what is Debra M. Bulluckcustomary age in that occupation at which retirement occurs. guided exclusively by case law.required for an antenuptial agreement to be enforceable. 612-877-5348|Debra.Bulluck@lawmoss.comLawMoss.com/people-debra-m-bulluck To Use Retirement Assets or Not? The amended statute now delineates the required substantiveFor assistance with preparing, reviewing, or negotiating an Prior to the new law, there was conflict on whether a formerfairness analysis. An agreement is substantively unfair if itantenuptial agreement, please contact one of Moss & Barnetts spouse had to use their retirement assets during retirementis unconscionable to a party based on its terms or drasticallyFamily Law attorneys.There are various reasons why former spouses may seek toor only the income they could earn on their retirement assets.changed circumstances that were not foreseen when the modify the amount and duration of a maintenance obligation.The Minnesota Legislature has now determined that once theagreement was executed so that enforcement of the agreement Minnesota law provides different options to seek a modificationobligor has reached the age to receive full retirement benefitswould not match the parties reasonable expectations at the time of spousal maintenance, including retirement, which theunder the Social Security Act or age customary to obligorsof the agreement. Notably, the fact that an agreement deviates Minnesota Legislature has now strengthened as a justification foroccupation, that the obligor will use both income and assetsfrom Minnesota law on property division or spousal maintenance reducing or terminating spousal maintenance. The Legislature hasto meet their needs. does not make it unconscionable. now defined a normal retirement age for spousal maintenance modification purposes and the assets that parties have availablePlanning Ahead: Future Retirement Dateto them to meet expenses in their retirement. Additionally, the new law also allows the payor to be preemptive Effective August 1, 2024, Minnesota law now outlines specialin seeking a modification request. Previously, the payor had to considerations for a former spouse who is obligated to paywait until retirement commenced to seek relief. Now, payors who spousal maintenance (obligor or payor) seeking a modification"Extreme Risk Protection Orders" Continued from Page 7have a specific date by which retirement will begin, may bring of their obligation when entering their next chapter in life,a motion for the Court to consider a maintenance modificationConclusionretirement. Under Minnesota law, a modification of spousalmotion. If a modification is granted, then the Court may make the maintenance may consist of a reduction, suspension, reservation,modification effective as of the actual retirement date.The purpose of the Extreme Risk Protection Order is preventative1Hughes, Elliot (2024, July 9). Man dead in homicide at St. Paul Home that has or termination of maintenance. and temporary in nature to reduce the likelihood of Respondentsseen Frequent Police Contacts. StarTribune. Conclusion significant danger of bodily harm to others or self. Recognizingwww.startribune.com/police-on-scene-of-homicide-in-st-paul/600378668/Before rushing to the courthouse to file a motion to modify basedand understanding the overlap between civil protection orders on a pending retirement or retirement, former spouses will needThe above inclusion to Minnesotas spousal maintenance statute is intended to recognize good-faith modification requests madeas discussed and family law matters may be a matter of life2Minnesota Womens Press, (2024, February 20). Highest Known Number to understand the following changes to Minnesota law on spousalby obligors/payors based on retirement. Modification basedand death.of Minnesotans Killed From Domestic Violence in 2023. Minnesota maintenance modifications related to retirement. on retirement is not guaranteed, but a Court may modify ifWomen\'s Press (womenspress.com). (1) retirement is in good-faith, (2) at the age of full retirementFor help or services, call 800-799-7233 or text START to 88788 towww.womenspress.com/highest-known-number-of-minnesotans-killed- Normal Retirement Age connect with someone from the National Domestic Violence Hotline The Minnesota Legislature has now tied the definition of a normalunder the Social Security Act or customary age designated byor visit www.thehotline.org/get-help/ for additional resources.from-domestic-violence-in-2023/occupation/industry standard reached, (3) prudent management retirement age for the modification of spousal maintenance toof their assets since the divorce, and (4) financial resources the definition of a normal retirement age in the Social Securityavailable to both former spouses. Moss & Barnetts Family Act. Under the Social Security Act, to receive full benefits oneLaw attorneys are available and ready to assist with spousal must reach full retirement age, which is currently age 66 formaintenance modification claims.8 9'