Minnesota Divorce - Spousal Maintenance or Alimony

When a marriage ends, one person often provides continued financial support to the other in the form of payments called "alimony" or "spousal maintenance." Traditionally, it was the husband who paid alimony to the wife, but with the rise of dual-income couples, support is generally paid by the spouse who earns a healthier income.

Temporary and Permanent Spousal Maintenance

Spousal maintenance can be temporary or permanent. Temporary spousal maintenance ends after a certain period of time—generally long enough for the recipient to rebuild himself or herself financially. Permanent spousal maintenance typically ceases when the recipient remarries, either party dies, or the court terminates support at a later date.

Spousal Maintenance Factors

When it comes to determining spousal maintenance, the court will consider a number of factors, including:

  • The financial resources of the party seeking alimony, 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;
  • The time necessary to acquire sufficient education or training to enable the party seeking alimony 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;
  • The standard of living established during the marriage;
  • 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;
  • The loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking alimony;
  • The age, and the physical and emotional condition of the spouse seeking alimony;
  • The ability of the spouse from whom alimony is sought to meet needs while meeting those of the spouse seeking alimony; and
  • 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.

Modification of Spousal Maintenance

Even after spousal maintenance is awarded, it's important to realize that it is subject to review and can be modified or terminated in the event of changed circumstances for either person. For example, if the paying spouse loses her job or runs into a health problem that affects her earning ability, it's likely that she'd be able to reduce or end her support payments. Similarly, if the spouse being supported receives a large inheritance or wins the lottery, alimony payments would be adjusted. Parties can agree to make spousal maintenance non-modifiable if they choose.