The Minnesota case Gossman v. Gossman, 847 N.W.2d 718 (Minn. App. 2014), highlighted an issue regarding Karon waivers that arose under Minnesota Statute §518.552, subdivision 5. Gossman held that courts lacked jurisdiction to approve parties’ agreements to undo prior agreements to preclude or limit modification of maintenance. These maintenance modification agreements are also known as Karon waivers.
The new law addresses this problem by granting courts the authority to approve agreements to restore the court’s authority to modify spousal maintenance.
The new law also provides that a Karon waiver may be made part of a post-decree stipulated order rather than just a divorce decree.
The new law further provides that a court may award maintenance post-decree even though no maintenance was originally ordered.