Divorce

Alimony terms can be changed (modified) due to a few specific circumstances.

The order is unreasonable and unfair
An alimony award can be changed if one spouse can prove one or more of the following circumstances makes the existing order unreasonable and unfair:

• substantially increased or decreased gross income of either party;
• substantially increased or decreased need of either party; or 
• substantial changes in the federal or state tax laws affecting alimony.¹  

Cohabitation
The judge can change your alimony award if you live with another adult in a romantic relationship (“cohabitation”) after your divorce. In deciding whether cohabitation should be the reason to change alimony, the judge will consider all of the following factors:

• whether you, the person receiving support, are not marrying your live-in partner because of the alimony award;
• the economic benefit that you get from the cohabitation;
• the length of time you have lived with your partner and the likely future length of the cohabitation; and
• the economic impact that changing the alimony award would have on you if you and your live-in partner later stop living together.²

Retirement
The judge can change your alimony award if you or your former spouse retires. In deciding whether retirement should be the reason to change alimony, the judge will consider all of the following factors:

• whether the retirement is in “good faith” or is instead an unjustified choice to limit income;
• whether the retiree has reached the age:
  
  • to receive full Social Security benefits; or
  • that is common to retire in that spouse’s professional field;
• whether the retiree has reasonably managed his/her financial assets since the divorce; and
• the financial resources available to both parties.³

A motion for modification based on retirement can be filed before the retirement happens as long as you can include the planned retirement date in the motion papers.⁴

A change based either on cohabitation or retirement could come in the form of your alimony award being:

• reduced;
• suspended;
• paused (“reserved”); or
• ended (“terminated”).⁵

Note: In your divorce decree or in a post-divorce decree, you and your spouse can agree that your alimony order cannot be changed in the future. The judge will follow that agreement if it is fair, supported by the facts in your case, and there is full disclosure of both your and your spouse’s financial situations. However, at a later time, if you and your spouse both agree that the judge should be able to modify the alimony order, you can both agree to the change.⁶

¹ ​Minn. Stat. § 518.552(5b)(b)
² Minn. Stat. § 518.552(6)
³ Minn. Stat. § 518.552(7)(b)
⁴ Minn. Stat. § 518.552(7)(e)
⁵ Minn. Stat. § 518.552(6)(a), (7)(a)
⁶ Minn. Stat. § 518.552(5)