How Do I Request Spousal Support Changes in Minnesota?
Spousal support, also known as alimony or spousal maintenance, is a common part of many divorce decrees in Minnesota. But life changes. Maybe you’ve lost your job, your ex-spouse got a raise, or you’ve experienced a major health issue. In any of these cases, you might wonder: Can I request a change in the amount of spousal support?
The answer is yes — under certain conditions. This blog walks you through the legal process of modifying spousal support in Minnesota, what factors courts consider, and how to increase your chances of success.
What Is Spousal Support in Minnesota?
Spousal support (or “maintenance” as Minnesota law refers to it) is court-ordered financial assistance that one spouse pays to the other during or after a divorce. The goal is to ensure that both parties can maintain a reasonable standard of living, especially if one spouse earned significantly less or sacrificed a career to support the family.
There are two general types:
- Temporary (short-term) maintenance, meant to help the recipient get back on their feet.
- Permanent (long-term) maintenance, often awarded in long marriages where one spouse may never be self-sufficient.
Once a court issues a spousal maintenance order, it is legally binding. However, that doesn’t mean it is permanent or unchangeable.
Can Spousal Support Be Modified?
Yes. Under Minnesota Statutes § 518A.39, spousal maintenance orders can be modified if there has been a substantial change in circumstances that makes the original order unreasonable or unfair.
Common examples include:
- Loss of job or significant reduction in income
- Major health problems or disability
- Retirement
- A substantial increase in the recipient’s income
- Remarriage or cohabitation (which may reduce the need for support)
Not every change qualifies. You must demonstrate that the change was not anticipated and materially affects your ability to pay or the recipient’s need.
How to File for a Modification
If you want to change a spousal support order in Minnesota, you’ll need to follow these legal steps:
1. File a Motion to Modify
Start by filing a “Motion to Modify Spousal Maintenance” with the family court that issued your original divorce decree. You can use forms from the Minnesota Judicial Branch or work with a family law attorney at Martine Law.
You’ll need to submit:
- The motion form
- An affidavit explaining your financial circumstances
- A financial disclosure statement
- Supporting documentation (pay stubs, medical records, tax returns)
2. Serve the Other Party
Once you file the motion, you must serve your ex-spouse with the legal documents. This ensures they have an opportunity to respond and present their side.
3. Attend the Court Hearing
The court will schedule a hearing to review the motion. Both parties can present evidence, testify, and cross-examine witnesses. The judge will then decide whether the change in circumstances justifies modifying the support order.
What Courts Consider in Modification Requests
Minnesota courts look at several factors when determining whether to approve a modification:
- Changes in either party’s income or financial resources
- Changes in need of the party receiving support
- Length of the marriage and original support arrangement
- Whether the original support was rehabilitative or permanent
- Whether the change is voluntary or involuntary
For example, if you quit your job voluntarily, the court may deny your motion. But if you were laid off or have medical issues preventing you from working, that may support your case.
Temporary vs. Permanent Modifications
The court can grant either:
- A temporary modification, adjusting payments for a short period (e.g., while you recover from illness or job loss)
- A permanent modification, making long-term changes if your situation is unlikely to improve
The court has wide discretion and bases decisions on fairness and the law.
What If My Ex-Spouse Disagrees?
It’s common for the recipient of spousal support to oppose a modification, especially if they rely on those payments. They have the right to respond, offer evidence, and argue that your circumstances do not justify a change.
This is why strong legal representation is crucial. At Martine Law, we help clients build persuasive cases, gather the right documentation, and argue effectively in court to secure fair outcomes.
Can You Terminate Spousal Support?
Yes — in some situations. Minnesota allows for the termination of spousal maintenance when:
- The recipient remarries or begins cohabitating with a new partner
- The paying party retires after a long work history
- There is clear evidence that continued payments are no longer necessary or fair
A judge must still approve the termination request through a court order.
What If Your Divorce Decree Says Support Is “Non-Modifiable”?
Some divorce decrees include a clause stating that spousal support is non-modifiable. This means neither party can request a change later, even if circumstances drastically change.
Unless both parties agree to modify this term or it is found to be unenforceable, you may be stuck with the original terms. Be sure to carefully read your original divorce decree and consult with an attorney if you’re unsure.
How Long Does the Process Take?
It depends. If both parties agree on the changes, the court may approve a stipulation quickly. If there’s a dispute and a full hearing is required, it could take several months from the date you file the motion.
Delays may occur due to:
- Court scheduling availability
- The need for discovery or financial investigation
- Requests for mediation or additional negotiation
Do You Need a Lawyer?
While you can file the motion yourself, having a family law attorney greatly improves your chances of success. Judges are strict about procedures, deadlines, and legal arguments. Any misstep can delay or harm your request.
At Martine Law, we help clients:
- Determine if a modification is likely to succeed
- File accurate and persuasive legal documents
- Represent them at hearings and negotiations
- Protect their financial future with smart legal strategy
Final Thoughts
Life after divorce isn’t always predictable. If your circumstances have changed and your spousal support order no longer feels fair, Minnesota law allows you to ask for a modification. With the right legal help, you can seek relief and move forward with confidence.
Ready to discuss your case? Contact Martine Law today for a private consultation.