Spousal Maintenance in Minnesota
Divorce or Legal Separation can stir feelings of financial insecurity for both spouses, especially regarding spousal maintenance (alimony). The daunting question for both spouses 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. There are two types of spousal maintenance in Minnesota. The first type of spousal maintenance is Transitional Spousal Maintenance (Formerly Known as Temporary Spousal Maintenance). The second type of spousal maintenance is Indefinite Spousal Maintenance (Formerly Known as Permanent Spousal Maintenance). The duration of the marriage dictates which type of spousal maintenance applies. Marriages of up to five years generally do not involve spousal maintenance. However, a request may be made under a rebuttable presumption depending on fairness and equitability. Both forms of spousal maintenance are discussed further below. It is important to note, spousal maintenance requires numerous calculations including income of both spouses, their expenses, and the standard of living enjoyed during the marriage. The spouse requesting spousal maintenance must show the following:
- Net Income of both spouses individually,
- Monthly expenses of both spouses individually,
- The proposed receiving spouse’s inability to meet their needs,
- The property settlement is insufficient for the receiving party’s ability to meet their needs,
- The proposed paying spouses’ ability to pay,
- The standard of living during the marriage supports the finding for spousal maintenance.
Transitional Spousal Maintenance
Transitional Spousal Maintenance applies to marriages lasting at least five (5) years or more and up twenty (20) years. Transitional spousal maintenance can be awarded for a period of half the duration of the marriage.
Indefinite Spousal Maintenance
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 twenty (20) years.
Ending Spousal Maintenance
A Divorce Decree may provide an end date for spousal maintenance payments. Consulting an attorney prior to such end date is a prudent way to determine whether modification request may be successful. Spousal Maintenance can terminate upon any of the following three circumstances:
- The receiving spouse remarries,
- The receiving spouse co-habits with another partner who shares living expenses, or
- Upon death of either spouse.