Maintenance in Minnesota

Spousal maintenance, also known as alimony, becomes one of the issues to addresss in a dissolution or legal separation when one of the spouses does not have the income, earnings or financial resources to meet her/his financial needs.The unique thing about spousal maintenance in Minnesota is that there are no statutory guidelines or charts setting forth an amount of spousal maintenance based on income available to each spouse.  Maintenance is decided on a case-by-case basis based on the factors set forth in Minnesota Statute Section 518.552 and case law. Thus, the maintenance analysis amounts to the Court balancing the financial needs of the spouse seeking a maintenance award and the party's ability to meet her/his needs independently against the payor’s financial condition and ability to pay. Also, unlike child support, spousal maintenance payments are generally taxable to the recipient and deductible by the payor.

In order for the Court to order maintenance it must find one of the following:

a.      The spouse asking for maintenance 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, or

b.      that spouse is unable to provide adequate self-support, after considering the standard of living established during the marriage and all relevant circumstances, through appropriate employment, or 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.

Once the factors set forth in Minnesota Statute §518.552, subdivision 1 are met, the court must consider all the factors affecting maintenance, including the statutory factors enumerated below:

The maintenance order shall be in amounts and for periods of time, either temporary or permanent, 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;

(d) the duration of the marriage and, in the case of a homemaker, 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 loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking spousal maintenance;

(f) the age, and the physical and emotional condition of the spouse seeking maintenance;

(g) the ability of the spouse from whom maintenance is sought to meet needs while meeting those of the spouse seeking maintenance; and

(h) the contribution of each party in the acquisition, preservation, depreciation, or appreciation in the amount or value of the marital property, as well as the contribution of a spouse as a homemaker or in furtherance of the other party's employment or business.

After reviewing the above enumerated factors the Court can order maintenance or not.

If it does not order maintenance the Court has three options:

1. Straight denial, 2. Reservation of the issue until a later time, or 3. The parties may enter into a private agreement and negotiate to have a larger share of the marital estate awarded to the spouse requesting maintenance in lieu of a maintenance award.

If the Court does order maintenance it can be one of these two options:

1. Temporary or Permanent Maintenance: Maintenance may be permanent or temporary. One thing to keep in mind is that an award of permanent spousal maintenance does not mean that it will last forever. A permanent maintenance award is subject to future modification or termination pursuant to Minn. Stat. §518A.39. If there is any uncertainty as to the need for a permanent award, the court must order permanent maintenance. Minn. Stat. § 518.552, Subd. 3. The most significant difference between a “permanent” or “temporary” award is the issue of future modifications. If the award is permanent the party paying maintenance must show circumstances that justify modifying or terminating the award (e.g. loss of income, loss of employment, etc.). If the award is temporary, the party receiving maintenance must show circumstances that justify continuing the award beyond the term ordered by the court (e.g. illness, failure to find employment, failure to rehabilitate, etc.)

2. Temporary Maintenance subject to a Karon waiver. A party may enter into a private agreement that bars future modification of a maintenance award. The agreement must meet the requirement of Minnesota Statute § 518.552,subd. 5. The party would be barred from receiving or requesting any future or further maintenance, other than the award set forth in the parties’ agreement.

Please contact our Rochester alimony attorneys to find out whether maintenance is applicable in your divorce or legal separation case. 

The content of this web site is for general information purposes. This information is not intended to be legal advice for you to rely on.