Spousal maintenance, otherwise known as alimony, is money paid by a former or current spouse to the other current or former spouse because the lower income person needs financial support during and/or after the divorce.
Although the parties are divorced, issues involving spousal maintenance may surface again requiring possibly returning to court. For example, the court ordered spousal maintenance is not being paid because of a job loss. Sometimes spousal maintenance is reserved, or paid for a certain amount of time, and a former spouse files a Motion in court to try to stop from having to pay it moving forward.
The Minnesota Legislature made some significant changes to the spousal maintenance law in the 2024 legislative session. Consider consulting with a family law attorney if you have questions about how the changes affect you.
COMMON QUESTIONS ABOUT SPOUSAL MAINTENANCE
What is spousal maintenance?
Minnesota Statute Section 518.003, subdivision 3a describes it as “an award made in a dissolution or legal separation proceeding of payments from the future income or earnings of one spouse for the support and maintenance of the other.” In other words, it is a monthly payment the higher income earner pays over some period of years so the other can get financially on track.
The law requires tangible financial imbalance for spousal maintenance to be applicable in a divorce. Minnesota Statute Section 518.552, subdivision 1 states one must be able to prove one of the three factors to open the door toward trying to receive spousal maintenance:
the court may grant a maintenance order for either spouse if it finds that the spouse seeking maintenance:
(a) lacks sufficient property, including marital property apportioned to the spouse, to provide for reasonable needs of the spouse considering the standard of living established during the marriage, especially, but not limited to, a period of training or education;
(b) is unable to provide adequate self-support, after considering the standard of living established during the marriage and all relevant circumstances; or
(c) is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
While a spouse may feel a certain amount money each month is needed from the other spouse to financially get by post-divorce, that does not mean receiving spousal maintenance happens automatically.
How is spousal maintenance calculated?
Should the lower income spouse prove one of the three grounds to ask for spousal maintenance, the next step is to determine the monthly amount to be paid. The last step is to then determine for what length of time it is to be paid.
Minnesota Statute Section 518.552, subdivision 2 addresses how to determine the monthly amount. That is done by:
The maintenance order shall be in amounts and for periods of time, either transitional or indefinite, as the court deems just, without regard to marital misconduct, and after considering all relevant factors including:
(a) the financial resources of the party seeking maintenance, including marital property apportioned to the party, and the party’s ability to meet needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;
(b) the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, and the probability, given the party’s age and skills, of completing education or training and becoming fully or partially self-supporting;
(c) the standard of living established during the marriage and the extent to which the standard of living was funded by debt;
(d) the duration of the marriage and the earnings, seniority, benefits, and other employment opportunities forgone by the spouse seeking maintenance to support the other spouse or children and the length of absence from employment and the extent to which any education, skills, or experience have become outmoded and earning capacity has become permanently diminished;
(e) the age, and physical, mental, or chemical health of both spouses;
(f) the ability of the spouse from whom maintenance is sought to meet needs while meeting those of the spouse seeking maintenance;
(g) the contribution of a spouse in furtherance of the other party’s employment or business; and
(h) the need and ability of each spouse to prepare for retirement and the anticipated time of retirement.
Calculating the amount is not quick or easy. Many of the factors are subjective and do not lead to a clear outcome on this issue.
How long a spouse is to receive spousal maintenance is dependent upon the length of marriage as follows:
(a) A maintenance award may be transitional or indefinite. An award of temporary maintenance issued before August 1, 2024, is deemed transitional maintenance. An award of permanent maintenance issued before August 1, 2024, is deemed indefinite maintenance. Maintenance awarded during the pendency of an initial proceeding for dissolution or legal separation pursuant to section 518.131 is deemed temporary maintenance.
(b) For purposes of this subdivision, “length of the marriage” means the period from the date of the marriage until the date of the commencement of the action.
(c) The court must determine the duration of maintenance based on the length of the marriage as follows:
(1) when the length of the marriage is less than five years, it is rebuttably presumed that no maintenance should be awarded;
(2) when the length of the marriage is at least five years and less than 20 years, it is rebuttably presumed that transitional maintenance should be awarded with a duration of no longer than one-half the length of the marriage if the factors set forth in subdivision 1 support an award of maintenance; and
(3) when the length of the marriage is 20 years or more, it is rebuttably presumed that indefinite maintenance should be awarded if the factors set forth in subdivision 1 support an award of maintenance.
The divorcing couple can certainly have a trial and let the judge decide if spousal maintenance should be ordered and how much and for what length of time the payments must be made. That expensive gamble is certainly their choice. The alternative to leaving the issue in the fate of the judge’s hand is settling this issue either through mediation or negotiation as it gives some control over the outcome which can get expensive very quickly.
Can spousal maintenance be changed?
Spousal maintenance, whether through a settlement between the parties or court-ordered by a judge, can be changed in certain circumstances. Minnesota Statute Section 518.552, subdivision 5b(b) states:
The terms of a maintenance order may be modified upon a showing of one or more of the following circumstances that make the terms of the existing order unreasonable and unfair:
(1) substantially increased or decreased gross income of an obligor or obligee;
(2) substantially increased or decreased need of an obligor or obligee; or
(3) substantial changes in the federal or state tax laws that affect spousal maintenance.
The obligor is the person paying spousal maintenance while the obligee is the person receiving the payment.
The former spouse wanting to try to change spousal maintenance in some way must file a Motion with the court where the divorce took place to ask the judge to address the issue unless the former spouses can reach their own agreement outside of court. The Motion documents are found at https://www.mncourts.gov/GetForms.aspx?c=15#subcat157.
Spousal maintenance must end upon the death of either former spouse or the remarriage of the person receiving it unless they agreed to different terms in the divorce.
Spousal maintenance may also be modified if the person receiving spousal maintenance is cohabitating with a romantic partner or the retirement by either former spouse.
What does spousal maintenance cover?
Minnesota law does not specifically define how a spousal maintenance payment must be spent. It is defined as a financial award “for the support and maintenance” so the person receiving the money can spend it however he or she likes whether it is for food, rent or a mortgage payment, health insurance payments, vacations, or a brand-new vehicle.
How to ask for spousal maintenance?
Spousal maintenance is awarded in a divorce when the parties agree to it, or a judge orders it. There are sections in the state court fill-in-the-blank forms where a party formally asks for it. An attorney representing the spouse wanting spousal maintenance explains in that client’s paperwork is being sought in the case. Of course, the person fighting against paying spousal maintenance has the same opportunity to contest paying it in their own fill-in-the-blank paperwork or through the documents drafted by their own attorney.