Retirement – What's Income Got to Do With It? Retirement & Spousal Maintenance (Part 2) ("Evolving Family Law"
Moss & Barnett attorneys Jana Aune Deach and Jim Vedder dig deeper into the case law addressing modification of spousal maintenance upon the retirement or impending retirement of an obligor. This episode particularly addresses the Lee case and the facts and rulings held by the Minnesota Supreme Court addressing retirement and modification of spousal maintenance. Additional discussion addresses Justice Dietzen’s concurrence and his discussion addressing not only defined benefit plans, but defined contribution plans and how, as practitioners, we should be providing information and guidance to the court as to distinctions and how the appreciation of those retirement assets may be different from the income that is earned on those assets.