In 2024, Minnesota overhauled its spousal maintenance law by redefining its terms and shifting it from a discretionary, factor-driven analysis to a system based on rebuttable presumptions tied to marriage length. Aimed at balancing the economic needs of the recipient spouse with the financial circumstances of the payor spouse, these changes are meant to ensure fairer outcomes are achieved. While the long-term effects of this fundamental shift are still unfolding, it’s important to understand the implications of the recently updated spousal maintenance law if you are facing divorce.

Key Takeaways

• Minnesota’s spousal maintenance law has shifted away from a discretionary, factor-driven analysis to a system based on rebuttable presumptions primarily tied to the length of the marriage for the duration of spousal maintenance.
• Amount of maintenance is still based on a balancing of eight factors.
• The presumptions under the updated law are rebuttable and can be argued against based on the specific circumstances of a spouse.
• Spouses are still encouraged to determine maintenance matters between themselves outside of court using mediation or the collaborative process, rather than let a judge decide the outcome.

Presumptions Regarding Duration of Spousal Support

While Minnesota courts previously considered various factors when addressing a spouse’s need for spousal maintenance, the outcomes were often unpredictable. Since spousal maintenance awards were not based on rigid formulas, and instead were reliant upon a judge’s discretion, decisions could vary widely from court to court. This contributed to higher rates of litigation over these matters. Now, judges are specifically required to consider the duration of the marriage in determining an award of spousal maintenance, leading to more consistency in results in terms of duration of support.

Under the new law, the presumptions regarding the duration of spousal maintenance are as follows:

• Short-term marriages: For marriages lasting less than five years, there is a rebuttable presumption that spousal maintenance should not be awarded.
• Marriages lasting between five and 20 years: There is a rebuttable presumption that transitional maintenance (previously referred to as “temporary” maintenance) should be awarded with the duration not to exceed one-half the length of the marriage.
• Long-term marriages: There is a rebuttable presumption that indefinite maintenance (previously called “permanent” maintenance) should be awarded if a marriage lasted 20 years or more.

Notably, since these presumptions are rebuttable, a party can argue against them based on their unique circumstances. The court will begin with the default rule regarding spousal maintenance and apply it, unless a party can prove that another outcome would be more appropriate. For instance, in a marriage that lasted less than five years, the recipient spouse may raise evidence of medical issues that prevent them from becoming self-sufficient. Similarly, in a long-term marriage, the paying spouse may show evidence that the recipient spouse has no need for support, focusing on factors such as cohabitation or the supported spouse’s vocational skills.

The amount of spousal maintenance looks at eight factors to assist in determining how much to award for spousal maintenance. They include things like the financial resources available to the party seeking maintenance; possible education and training time for someone to find appropriate employment; the marital standard of living; length of marriage nd foregone erning opportunities; age, physical, mental or chemical health of both parties; the payors ability to meet their needs while paying spousal maintenance; contributions of a spouse in furtherance of the other party’s employment or business; and the ability of both parties to prepare for retirement.

Other Changes to Minnesota’s Spousal Maintenance Law

Another change to Minnesota’s spousal maintenance law that should be noted include how courts must assess the standard of living during the marriage, and the extent to which it was achieved by debt. If the lifestyle was the result of taking on considerable debt, the recipient spouse may not be entitled to the same standard when it comes to maintenance calculations. Critically, the new law also requires judges to evaluate the ability of each spouse to prepare for retirement. It provides that a request for a modification in connection with retirement may be made prior to the retirement date if the spouse can specify when it will occur.

In addition, while courts have long considered the health of the parties when making a spousal maintenance determination, the updated statute removes the requirement that courts need to take emotional health into consideration. Rather, judges now need to evaluate the “mental or chemical” health of each spouse, and whether either has chemical dependency issues.

Determining Spousal Maintenance Outside of Court

Although there have been several changes to the spousal maintenance law, one key aspect remains the same: spouses can determine these matters between themselves without judicial intervention. In fact, judges encourage spouses to reach an agreement outside the courtroom. Spouses may use mediation or the collaborative process to address the issues that are important to them and enter into an agreement that meets their family’s unique needs. Often, spouses can find creative solutions to matters involving spousal support in mediation or at the collaborative table that wouldn’t be available in litigation.

Additionally, parties may expressly preclude or limit modifications of spousal maintenance by stipulation if the court finds that it is fair to do so and full financial disclosure has been made. These agreements, referred to as “Karon” waivers allow spouses to forgo their right to request a modification, effectively making the agreement final.

Contact an Experienced Minnesota Spousal Maintenance Attorney

If spousal maintenance is an issue in your divorce, it’s essential to have a skilled attorney by your side who can advise you regarding your options and advocate for your needs. At The Law Shop Minnesota, attorneys Louise Livesay and Peter Ladwein assist clients across Minnesota with resolving their divorce and family law matters with respect, clarity, and compassion. They can also evaluate whether your case is appropriate for mediation, the collaborative process, or another form of alternative dispute resolution.

To schedule a consultation at either our St. Paul or Edina offices (either in person or via Zoom, anywhere in Minnesota), please contact us online or call (651) 300-2981 for convenient, accessible legal support.

Louise Livesay and Peter Ladwein share a commitment to helping families find peaceful, practical solutions during difficult times. Together, they bring compassion, experience, and a personal touch to every case they handle.

With more than twenty years of experience, Louise has guided countless families in the Twin Cities and across Minnesota toward out-of-court resolutions through collaborative divorce, mediation, and other flexible, client-centered options. Peter shares that same dedication to protecting families and their futures. Having firsthand experience with a special needs family member, he brings a deep understanding and empathy to his work. Licensed in both Minnesota and Illinois, Peter helps clients navigate the legal process with care and clarity.

Louise and Peter work together to ensure every client feels supported, informed, and confident in moving forward toward a positive resolution.