In Minnesota, one of the most frequently litigated family law issues is the obligation to pay spousal maintenance, often referred to as alimony. Unlike child support, which is determined through statutory guidelines, spousal maintenance awards depend heavily on judicial discretion and the unique circumstances of each case. Questions surrounding whether maintenance should be awarded, in what amount, and for how long, are highly fact-intensive and often contested. Courts must balance a recipient spouse’s demonstrated need against the paying spouse’s ability to provide support, while also considering factors such as the length of the marriage, the standard of living established during it, and each party’s earning capacity. This balancing act makes spousal maintenance one of the most contentious and unpredictable aspects of divorce litigation in Minnesota.
If you’re seeking spousal support or trying to avoid being ordered to pay spousal support in your divorce case, contact Terzich & Ort, LLP, to schedule a consultation with one of our experienced spousal support lawyers. We’ll walk you through everything you need to know about spousal support and how our team can assist you in seeking the best outcome in your case. A qualified spousal support attorney can make all the difference.
Spousal maintenance, also called spousal support or alimony, is a court-ordered regular payment made from one party to the other after a divorce. Not every divorce results in a spousal maintenance order. In Minnesota, courts award spousal maintenance (alimony) based on whether one spouse demonstrates a need for support and whether the other spouse has the ability to pay. The court first considers if the requesting spouse lacks sufficient property, including marital assets awarded in the divorce, to provide for their reasonable needs, or if they are unable to be self-supporting through appropriate employment, especially after a long marriage devoted to homemaking or childrearing.
Importantly, Minnesota law does not consider marital misconduct when determining maintenance, focusing instead on fairness and need. The court has discretion to order temporary, rehabilitative, or permanent maintenance depending on the circumstances of the case. What is spousal lawyers is a common search term we address by explaining the maintenance process.
Either party in a divorce case can file a motion seeking spousal maintenance. However, for the court to award maintenance, the petitioning party must establish the grounds that show why they are in need of spousal maintenance.
Once eligibility is established, the court weighs multiple factors, including: the financial resources of the spouse seeking maintenance; the time necessary to acquire education or training to become self-sufficient; the standard of living established during the marriage; the duration of the marriage and the length of absence from employment; the age, physical condition, and emotional health of the spouse seeking support; and the ability of the other spouse to meet both their own needs and those of the requesting spouse.
Our lawyers can collect evidence supporting your petition, draft your motion, and represent you in hearings with the judge to give you the best chance at a successful outcome.
The amount of maintenance awarded by the courts depends on several factors, such as:
When a party seeks spousal maintenance, the courts must balance what the paying party can afford and what the seeking party needs. An experienced spousal support lawyer can help you seek a larger amount of maintenance if you need it to cover your expenses. Or they can help you push back against the amount of compensation sought by the other party if it would negatively impact your ability to meet your needs.
The duration of spousal maintenance in Minnesota depends primarily on the length of the marriage and falls into three categories:
The duration of spousal maintenance in Minnesota depends primarily on the length of the marriage and falls into three categories:
Spousal maintenance can be terminated early in certain circumstances. For example, if the party receiving maintenance dies, the party paying maintenance does not have to continue making payments to the deceased party’s estate or dependents. And if the party paying maintenance dies, the party receiving maintenance cannot continue collecting maintenance from their estate or dependents.
Additionally, if the party receiving maintenance remarries, they will stop receiving maintenance payments. If the party receiving maintenance cohabitates with another adult, there may also be grounds to terminate the maintenance order.
Spousal maintenance orders can typically be modified by the court or by agreements by the parties. These modifications can affect the amount or duration of maintenance or both simultaneously. However, the party seeking the modification must show evidence that the existing order is unreasonable or unfair for one of the following reasons:
For example, if the party receiving maintenance payments secures a high-paying job, they may no longer need maintenance to help cover their expenses. Or if the party making maintenance payments becomes disabled or loses their job, they may no longer be able to afford the payments.
Additionally, if the party receiving payments cohabitates with another adult, that may be grounds for modifying a maintenance order. When determining if cohabitation qualifies for a modification, the courts will look at the length of the cohabitation, the economic benefit of the cohabitation for the party receiving payments, and the economic impact on them if the maintenance is modified and their cohabitation ends.
Lastly, retirement can impact spousal maintenance. If the party making payments retires, they may be able to reduce or terminate the maintenance. And if the party receiving payments retires, the courts will scrutinize the retirement to determine whether the party retired in an unjustifiable self-limitation of their income and whether they are eligible for Social Security benefits.
If you have questions about the role of spousal maintenance in your Minnesota divorce, contact Terzich & Ort, LLP, to schedule a consultation with one of our experienced spousal support lawyers. We’ll walk you through how courts determine the necessity of spousal maintenance, how the amount and duration are calculated, and how we can help you seek or fight against it. Our team includes a skilled spousal support attorney ready to assist you.
