Introduction
Divorce decrees are meant to provide structure and closure. But life doesn’t stand still after a divorce. Job changes, relocations, new relationships, financial shifts, and changing needs of children often require updates to an existing agreement.
If you’re wondering whether you can modify your divorce agreement in Minnesota, the short answer is: yes — but there are rules. Minnesota law allows changes to custody, parenting time, child support, and spousal maintenance under specific circumstances.
This guide from Martine Law walks you through when and how a divorce decree can be modified, what standards courts apply, and how to protect your rights during the process.
What Parts of a Divorce Agreement Can Be Modified?
Not every section of your divorce agreement is set in stone. Minnesota courts allow changes to:
- Child custody and parenting time
- Child support obligations
- Spousal maintenance (alimony)
- Health insurance and medical support for children
However, property division (homes, retirement accounts, business interests) is usually final and non-modifiable, unless there was fraud or misrepresentation involved.
When Can a Divorce Agreement Be Modified?
The courts require a substantial change in circumstances to approve a modification. This could include:
- A parent relocating or moving out of state
- Job loss or significant change in income
- A parent becoming unfit due to substance abuse, neglect, or criminal behavior
- A child developing medical or emotional needs that alter care requirements
- A failure to follow the original agreement
The court’s top priority in custody and parenting matters is always the best interests of the child, not the convenience of the parents.
Modifying Custody or Parenting Time
Types of Custody Modifications
- Legal Custody: Who makes major decisions for the child
- Physical Custody: Where the child lives most of the time
- Parenting Time: Visitation schedules and holidays
Legal Standard
To change custody, you must show:
- A significant change in the child’s environment
- That the current situation endangers the child’s physical or emotional health
- That the change would benefit the child more than it would disrupt their life
For parenting time, the standard is lower. Courts will modify parenting time if it’s in the best interest of the child and does not change the primary residence of the child.
Mutual Agreements
If both parents agree to modify custody or parenting time, they can submit a stipulated agreement to the court. While it still needs judicial approval, courts generally accept agreed-upon changes as long as they’re in the child’s best interest.
Modifying Child Support
Child support is one of the most frequently modified parts of a divorce decree. Minnesota law allows a modification if:
- It has been at least three years since the last order
- There’s a 20% or $75/month difference between the current amount and the new calculation
- There has been a substantial change in income, employment, or child-related expenses
You can calculate estimated child support payments using the Minnesota Child Support Guidelines Calculator at the Department of Human Services.
Modifying Spousal Maintenance (Alimony)
Spousal maintenance may be temporary or permanent. The ability to modify depends on how the original order was written.
Modifiable Alimony
If your divorce decree states that spousal support is “subject to modification,” it can be changed if:
- The paying party loses income or becomes disabled
- The receiving party remarries or increases income
- Either party retires
Non-Modifiable Alimony
If the agreement specifically states that spousal maintenance is non-modifiable, then courts will generally not allow any changes.
Can Property Division Be Modified?
In almost all cases, the division of marital property is final once approved by the court. You cannot go back and ask for a different share of assets unless:
- There was fraud or concealment during the divorce
- You were coerced into signing the agreement
- A significant clerical error occurred
If you suspect fraud, you must act quickly. Minnesota courts have strict time limits for reopening final judgments based on misconduct.
How to File a Motion to Modify
To begin the modification process, you must file a motion to modify with the court that issued your original divorce decree.
The steps typically include:
- Filing legal forms (available at the Minnesota Judicial Branch)
- Serving notice to the other party
- Attending a hearing before a judge
- Presenting evidence supporting the need for change
Modifications are not automatic. The judge must be convinced that circumstances have changed enough to justify revisiting the order.
What If Your Ex Doesn’t Agree?
If you and your ex-spouse do not agree on the modification, the court will schedule a contested hearing. At the hearing, both parties can present:
- Financial documents
- Testimony from medical or child development experts
- School records or behavioral assessments
- Witnesses who can speak to the child’s or parent’s circumstances
Having an experienced attorney is essential in contested modification hearings, especially when children or financial support is involved.
Avoiding Mistakes During Modification
Many people attempt to modify their divorce decree without a lawyer and end up:
- Using outdated forms
- Failing to meet legal standards
- Forgetting to serve notice properly
- Missing deadlines
Any one of these can derail your entire case. At Martine Law, we help you avoid costly errors and present the strongest possible case.
When Should You Act?
Do not wait until things get worse. If your financial situation or parenting responsibilities have changed significantly, it’s better to address it early than fall behind on obligations or violate the court order.
You can contact our team to schedule a confidential consultation and explore your legal options.
Conclusion
Life changes. Your divorce agreement can too. Whether you need to update custody, child support, spousal maintenance, or parenting time, Minnesota law allows post-divorce modifications under the right circumstances.
Navigating these changes can be legally complex and emotionally charged, but you don’t have to do it alone. At Martine Law, we advocate for parents and ex-spouses who need a second chance at fairness.
Let us help you move forward with confidence and clarity.