Karon Waivers (preclude modification of spousal support)

What is a Karon Waiver?

Simple response: Language in a stipulation that says neither party can seek modification of spousal support in the future.

Legal Response: If a district court awards spousal maintenance in a dissolution proceeding, either party generally has a right to seek a modification of the spousal maintenance award at a later date. Minn. Stat. § 518A.39, subd. 1 (2022). The parties, however, “may expressly preclude or limit modification of maintenance through a stipulation.” Minn. Stat. § 518.552, subd. 5 (2022); see also Karon v. Karon, 435 N.W.2d 501, 503 (Minn. 1989), superseded in part by statute, 1989 Minn. Laws ch. 248, § 7, at 838 (codified at Minn. Stat. § 518.552, subd. 5). This stipulation is often referred to as a Karon Waiver. 

What is required for a Karon Waiver to be binding?

1. the stipulation must include a contractual waiver of the parties’ rights to modify maintenance;
2. the stipulation must expressly divest the district court of jurisdiction over maintenance;
3. the stipulation must be incorporated into the final judgment and decree; and
4. the court must make “specific findings that the stipulation is fair and equitable, is supported by consideration described in the findings, and that full disclosure of each party’s financial circumstances has occurred,” Minn. Stat. § 518.552, subd. 5.

The Karon Waiver in our MTAs:

Pursuant to Minn. Stat. §518.552, subd. 5, the parties have agreed that neither of them may return to the Court in the future to have the Court modify the issue of spousal maintenance award and the Court shall permanently be divested of jurisdiction in regard to the issue of spousal maintenance from here after the signing of this Agreement by the Court.  The property settlement set forth below, including the mutual promises and obligations made and received by the parties, are proper consideration which properly supports the parties’ mutual waiver of spousal maintenance.  This stipulation and waiver of spousal maintenance is fair and equitable.  Full disclosure of each party’s financial circumstances, including income, assets and any other relevant information, has occurred.  Pursuant to Minn. Stat. §518.552, subd. 5, and Karon v Karon, this Agreement to, among other things, waive modification of spousal maintenance and divest the Court of jurisdiction over the issue of spousal maintenance between the parties, are hereby expressly incorporated into the Court’s Judgment and Decree.