Maeder v. Maeder

SHORT, Judge

(dissenting).

I respectfully dissent because respondent has failed to prove a substantial change of circumstances which renders the terms of the decree respecting maintenance unreasonable and unfair. Minn.Stat. § 518.64, subd. 2(a) (1990). In determining whether modification is warranted, the trial court must consider the deliberate behavior of the recipient spouse just as it does the paying spouse. See Richards v. Richards, *681472 N.W.2d 162 (Minn.App.1991) (court orders continued support when spouse stopped working). The record demonstrates respondent (a) continues to live beyond her means, and (b) has failed to make genuine efforts toward rehabilitation. Under these circumstances, the trial court abused its discretion in extending the award of spousal maintenance. A substantial change of circumstances should not be founded upon respondent’s decisions to expend funds she did not have.