Spousal maintenance, also referred to as spousal support or alimony, is payment made by the higher earning spouse to the other after divorce. It is meant to maintain the financial status quo and help ensure that a financially dependent spouse is able to get back on their feet when the marriage has ended. Notably, on August 1, 2024, the spousal maintenance laws in Minnesota were updated, significantly impacting those for whom alimony is at issue in their divorce cases.

Here are some of the changes that were made to the spousal maintenance laws in Minnesota:

1. New Terms to Describe Spousal Maintenance

Previously, the law referred to two types of spousal maintenance: temporary maintenance or permanent maintenance. While temporary maintenance allows a spouse to receive financial assistance from the other while the divorce case is ongoing or for a specified amount of time after divorce, permanent alimony continues indefinitely unless otherwise specified in a court order. Both types of spousal maintenance may still be ordered, but they now have different names under the new law.

Temporary maintenance that was awarded for a certain duration of time is now called “transitional maintenance,” and permanent maintenance is referred to as “indefinite maintenance.” Spousal support that is awarded temporarily during divorce proceedings is referred to as “temporary maintenance.”

2. The Duration of Spousal Support

One of the most significant updates to the Minnesota spousal maintenance law concerns the duration it is awarded. Prior to the change, there was no calculator that determined how long a spouse should receive alimony. The new law has changed that and provides courts with a rebuttable presumption for the duration of maintenance, based on the length of the marriage.

Absent any unique circumstances that would warrant otherwise, judges can now be guided by the following chart when awarding alimony in a Minnesota divorce:

• Marriages lasting less than five years — There is a rebuttable presumption that no spousal maintenance should be awarded.
• Marriages lasting between five and 20 years — Transitional maintenance should be awarded with a duration no longer than one half the length of the marriage.
• Marriages lasting 20 or more years — There is a rebuttable presumption that indefinite spousal maintenance should be awarded.

Specifically, the length of the marriage is defined by the law as the date of the marriage to the date the divorce case was initiated. Length of marriage does not determine whether there is spousal maintenance. Instead, a set of factors, laying out what constitutes need for support determine whether spousal maintenance is warranted.

3. The Amount of Spousal Maintenance

The new legislation focuses on several critical factors that the court must consider when determining a spousal maintenance award amount. One of the major changes concerns how the court must assess the “standard of living during the marriage.” The law specifies that a judge must now consider “the extent to which the standard of living was funded by debt.” In other words, a court must evaluate how the standard of living was achieved — and whether it is sustainable or was built upon credit card debt.

4. The Age and Health of Both Spouses

While the age and physical health of both spouses must still be considered when determining an award of spousal maintenance, the new law removes the requirement that the court consider each spouse’s emotional health. This has been replaced with the “mental or chemical health” of both spouses. This refers to any chemical dependency issues a spouse might have.

5. Retirement

The updated spousal maintenance law requires courts to consider “the need and ability of each spouse to prepare for retirement and the anticipated time of retirement.” It also specifically allows for a modification of a maintenance award in the form of a reduction, suspension, reservation, or termination if a party retires. However, a number of factors are outlined to determine whether a modification should be granted based on retirement, including the following:

• Whether the retirement was in good faith or is an “unjustifiable self-limitation of income”
• Whether the party has reached the age to receive full retirement benefits
• Whether the party “reasonably and prudently managed” their assets since the divorce
• The financial resources that are available to each party

In addition, the law provides that a party may bring a motion to modify spousal maintenance due to retirement before their actual retirement date, as long as they can specify when the retirement will occur. The modification would then take effect on the date of retirement. Many of the issues that arise concerning spousal maintenance and retirement can be resolved outside of court using mediation or the collaborative divorce process.

Work with an Experienced Minnesota Divorce Attorney to Avoid Potential Spousal Maintenance Litigation

Spousal maintenance can be one of the most contentious issues you face in your divorce case. It’s best to have a skillful divorce attorney by your side who can help you understand the new laws and develop a strategy to avoid potential litigation regarding spousal support matters. Located in St. Paul and Edina, The Law Shop Minnesota provides high-quality counsel for Minnesota divorce and post-divorce matters, including unbundled legal services for spousal support and a wide range of issues.

We welcome you to contact us online for a consultation or by calling (651) 344-6100. We are available to meet in person or via Zoom, regardless of where you are in Minnesota.