Spousal Maintenance, otherwise known as alimony or spousal support, has long been a point of contention in the divorce process. Previously, Minnesota legislators have primarily left it to judge’s discretion on when and how much maintenance would be awarded. As such, there have been inconsistencies from county to county. However, as of August 1, 2024, new legislation was enacted. This legislation has provided a structured process of under what circumstances spousal maintenance can be awarded.
What Does the Court Consider when Awarding Spousal Maintenance?
Under Minnesota law, a court may award spousal maintenance if the requesting spouse:
- Lacks sufficient property to meet reasonable needs considering the marital standard of living,
- Is unable to provide adequate self-support through employment, or
- Is caring for a child whose condition makes outside employment inappropriate.
(Minn. Stat. § 518.552, subd. 1 (2025))
Once this threshold is met, the court evaluates a number of statutory factors to determine both the amount and duration of maintenance, including:
- The financial resources and property awarded to each spouse,
- The time needed for the recipient to gain training or employment,
- The standard of living during marriage,
- The marriage’s length and any employment opportunities forgone during the marriage,
- The age and health of each spouse, and
- The ability of the paying spouse to meet their own needs while paying maintenance.
(Minn. Stat. § 518.552, subd. 2 (2025))
New Terms Introduced In 2025 Amendments
Maintenance will now be categorized as either transitional or indefinite. Transitional meaning short term or for a specified period of time. While indefinite refers to maintenance that does not have a specified end date. Each term loosely coincides with the length the marriage and in turn the potential duration of spousal maintenance, as shown below.
| Length of Marriage | Type of Spousal Maintenance | Potential length of Spousal Maintenance |
|---|---|---|
| Less than 5 years | Rebuttable presumption of NO spousal maintenance | |
| 5 to 20 years of Marriage | Rebuttable presumption of transitional maintenance | No longer than one-half the length of marriage |
| 20+ years of Marriage | Rebuttable presumption of indefinite maintenance | Unless otherwise agreed, until death of either party OR the remarriage of the party receiving maintenance |
How Can Spousal Maintenance Be Modified
Spousal maintenance can be modified or terminated when a substantial change in
circumstances makes the existing order unreasonable or unfair. Examples where
modification may be necessary may include:
- Significant changes in employment or income
- Retirement, particularly at a customary age and was done good faith.
- Cohabitation by the recipient with another adult, to the extent that it improves their financial situation.
Even if the maintenance is labeled as indefinite, it remains subject to modification or termination upon proper showing, unless the parties have expressly agreed to preclude modification through a waiver.
Conclusion
Minnesota approach to spousal maintenance continues to evolve creating greater clarity and predictability for parties and courts alike. The courts continue to determine eligibility based on need and inability to support oneself and thoughtfully consideration of several factors to make such determinations. The 2025 statutory amendments introduced new terminology that creates a tangible link between length of marriage and duration of maintenance. There are alternatives to traditional spousal maintenance to which parties can agree. A family law attorney can guide you as to whether spousal maintenance is appropriate in your case and to explore creative and personalized solutions.