Spousal Maintenance: Analysis of Facts, Finances, and Circumstances
In Minnesota, spousal maintenance is not automatically awarded. It’s determined based on the financial circumstances of both parties and the length of the marriage.
When Is Spousal Maintenance Awarded in Minnesota?
In Minnesota, an award of spousal maintenance may be granted if the court finds that the spouse seeking maintenance:
Lacks sufficient property to provide for reasonable needs, considering the standard of living during the marriage
Is unable to support themselves through appropriate employment, especially if they are the custodian of a child whose condition or circumstances make it inappropriate for them to work
The other spouse is generally capable of supporting themselves
The proof necessary for spousal maintenance requires thorough review of the parties’ financial statements, income, and other supporting information necessary to determine the standard of living during the marriage and capabilities of each party to support themselves.
Factors For Consideration in Minnesota
The court will look at several factors to determine the amount and duration of spousal maintenance, including generally:
Length of the marriage
Age, physical condition, and emotional condition of both parties
Educational background and work history
The standard of living established during the marriage
The ability of the paying spouse to meet their own needs while providing support
Time needed for the recipient spouse to acquire education or training to find employment
Each party's financial resources, including property awarded in the divorce
Each factor requires careful analysis and consideration in determining the amount of spousal maintenance needed from the other spouse.
Modification of spousal maintenance requires careful analysis to determine whether a party may motion the court for reduction or increase in a previously awarded spousal maintenance request. For further information, please click the link above to review modification of spousal maintenance issues.
Ending Spousal Maintenance
Sometimes a Judgment and Decree will specifically outline an end date of a spouse’s transitional (temporary) spousal maintenance. However, consulting an attorney months prior to the expiration of spousal maintenance may be prudent to determine whether there are grounds for modification of spousal maintenance before it expires. Spousal maintenance may end automatically if the parties’ Judgment and Decree specifically provides for automatic termination. Otherwise, the paying spouse may need to file a motion with the court to requesting termination of spousal maintenance if:
The recipient remarries
The recipient co-habits with another partner who shares living expenses
In some cases when either party dies
Spousal Maintenance in Minnesota:
The process of divorce can bring uncertainty—especially when it comes to financial stability. One of the most common concerns clients face is spousal maintenance, also known as alimony. Spousal maintenance involves a significant review of both spouses’ income, payments toward bills and typical spending, and property. Calculating spousal maintenance involves detailed analysis of each parties’ income and spending, i.e. cashflows. If you're going through a divorce in Minnesota, it's important to understand how spousal maintenance works and what your rights and obligations may be especially for both the spouse requesting spousal maintenance and the spouse opposing spousal maintenance.
What Is Spousal Maintenance?
Spousal maintenance is a general term describing two different types of maintenance. The first type of spousal maintenance is transitional spousal maintenance (previously termed “temporary” maintenance). The second type of spousal maintenance is indefinite spousal maintenance (previously termed “permanent” maintenance).