State laws throughout the country have long typically stated that a person is no longer required to pay alimony (spousal maintenance, as it’s known under Minnesota law) to a former spouse if that spouse remarries. Of course, it’s not unusual these days for people to live together – for years or even decades – without getting married. In fact, the possibility of losing their alimony has often been the reason some people have chosen not to remarry.
It often isn’t fair to a person ordered to pay alimony if their ex is sharing a home with a new significant other or anyone else who’s sharing the living expenses. That new person may even be financially supporting them. Fortunately, Minnesota legislators updated our state law almost a decade ago to address that issue. The law states that if someone who is receiving spousal maintenance is cohabitating with another person who shares in paying living expenses (like rent, the mortgage, utilities, food and more), their ex-spouse may seek a modification of their maintenance order.
What factors are considered when a modification is requested?
The law allows spousal maintenance to be modified via “reduction, suspension, reservation, or termination” based on the following considerations:
- How much the recipient (“obligee”) is financially benefitting from the cohabitation
- How long the cohabitation has lasted and how long it is likely to continue
- How much changing or ending the spousal maintenance would economically affect the recipient
The law also states that a person paying spousal maintenance can’t seek a modification of the amount “within one year of the…decree of dissolution or legal separation that orders spousal maintenance, unless the parties have agreed in writing that a motion may be brought or the court finds that failing to allow the motion to proceed would create an extreme hardship for one of the parties.”
Are you looking at a potential spousal maintenance modification?
Minnesotans cohabitate for a multitude of reasons. However, whichever side of the spousal maintenance order you’re on, it’s crucial to notify the court if you believe that your existing order needs to be modified.
If your former spouse fights that modification, it will be necessary to provide evidence supporting it. Even if you believe that a modification will proceed without any conflict, it’s wise to get legal guidance to protect your rights and your financial future if you have any concerns.
