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What is a Karon Waiver? A Comprehensive Legal Overview
Definition & Meaning
A Karon waiver is a legal agreement used in Minnesota divorce cases, named after the landmark case Karon v. Karon, 435 N.W.2d 501 (Minn. 1989). In this waiver, both parties agree that spousal maintenance, also known as alimony, will not be subject to future modification. This means that once the maintenance award is established, neither party can request a change in the amount or duration of the payments. Essentially, it waives the right to modify spousal support under Minnesota law.
Table of content
Legal Use & context
Karon waivers are primarily used in family law, particularly during divorce proceedings. They allow couples to have certainty regarding spousal maintenance obligations. By agreeing to a Karon waiver, both parties can avoid potential disputes over maintenance in the future. Users may find legal templates for Karon waivers on platforms like US Legal Forms, which can help them draft these agreements correctly.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: During their divorce, two partners agree that one will pay the other $1,500 per month in spousal maintenance for five years. They include a Karon waiver in their divorce decree, stating that this amount cannot be changed in the future, regardless of changes in circumstances.
Example 2: A couple decides to include a Karon waiver in their divorce settlement to ensure that the spouse receiving maintenance will not seek an increase in payments if their financial situation improves (hypothetical example).
Relevant laws & statutes
The primary case governing Karon waivers is Karon v. Karon, 435 N.W.2d 501 (Minn. 1989). This case established the precedent that parties can waive their rights to modify spousal maintenance, provided they do so voluntarily and with full understanding of the consequences.
State-by-state differences
Examples of state differences (not exhaustive):
State
Karon Waiver Availability
Minnesota
Commonly used and recognized.
California
Not typically recognized; modifications are allowed.
New York
Similar waivers exist but may have different implications.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Description
Difference
Karon Waiver
A waiver of the right to modify spousal maintenance.
Specifically prohibits future modifications.
Spousal Maintenance
Payments made from one spouse to another after divorce.
Can be modified unless a Karon waiver is in place.
Permanent Support
Long-term spousal maintenance that may be modified.
Not guaranteed against modification without a waiver.
Common misunderstandings
What to do if this term applies to you
If you are considering a Karon waiver during divorce proceedings, it is essential to:
Consult with a legal professional to understand the implications fully.
Ensure that both parties are in agreement and informed about the waiver.
Consider using US Legal Forms to access templates that can help you draft a Karon waiver properly.
In complex situations, seeking professional legal assistance is highly recommended.
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