Determination of Spousal Maintenance in Minnesota

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What Is Spousal Maintenance?

Spousal maintenance is a general term describing award of monthly payments to a spouse whose income is insufficient for self-support. There are two different types of maintenance: Transitional support and Indefinite Support. The award of Transitional or Indefinite support depends upon the length of the marriage.

The first type of spousal maintenance is transitional spousal maintenance (previously termed “temporary” maintenance). Transitional spousal maintenance can be awarded for marriages lasting at least five years or more. The duration of transitional spousal maintenance may be for a period of up to half the duration of the marriage.

The second type of spousal maintenance is indefinite spousal maintenance (previously termed “permanent” maintenance). Indefinite spousal maintenance does not necessarily last forever. Instead, indefinite spousal maintenance lasts until otherwise extinguished by court order or agreement of the parties signed by the Court. Indefinite spousal maintenance is generally awarded when the duration of a marriage is at least ten years.

Spousal Maintenance is Not Automatically Granted 

An award of either transitional or indefinite spousal maintenance may be granted if the court finds that the spouse seeking maintenance:

  • Lacks sufficient property to provide for their reasonable needs, considering the standard of living during the marriage post divorce

  • Is unable to fully support themselves despite employment efforts

  • The paying spouse is generally capable of supporting themselves

Spousal maintenance involves detailed comparison of both spouses’ income, marital standard of living and budget during the marriage, post-divorce monthly budgets, and estimated division of the marital property post-divorce.

Modifying Spousal Maintenance

Modification of spousal maintenance may be made upon finding a significant change in circumstance such as decrease or increase of income from either spouse, retirement resulting in reduced or increased income, or the receiving spouse begins co-habiting or married to another. 

Ending Spousal Maintenance

A Divorce Decree may provide the duration for spousal maintenance. However, consulting an attorney prior to the end date of spousal maintenance is prudent to determine whether modification of spousal maintenance may apply. If the termination of spousal maintenance is not clearly outlined in the final divorce, the paying spouse may need to file a motion with the court requesting termination of spousal maintenance if:

  • The recipient remarries, 

  • The recipient co-habits with another partner who shares living expenses, or

  • Upon death of either spouse.

The process of divorce can stir feelings of financial insecurity for both spouses, especially regarding spousal maintenance (alimony). The daunting question for both parties involves precisely how much in spousal maintenance may be awarded under Minnesota Law. Unlike child support, the State of Minnesota does not provide a specific calculation for spousal maintenance. A request for spousal maintenance requires proof of income in relation to expenses along with the standards enjoyed by the parties during the marriage. A request to deny spousal maintenance requires proof that spousal maintenance is not affordable or warranted.