Spousal maintenance (Minnesota’s term for alimony) is one of the most uncertain parts of a divorce. Unlike child support, there is no formula that produces a number. Judges have wide discretion. In 2024, though, the Minnesota Legislature changed the maintenance statute in ways that make outcomes more predictable, especially on how long maintenance lasts. Here is how it works now.

Step 1: Is maintenance appropriate at all?

Under Minn. Stat. § 518.552, a court may award maintenance only if the spouse asking for it:

• lacks enough property, including the property they receive in the divorce, to meet their reasonable needs given the standard of living during the marriage; or
• cannot adequately support themselves through appropriate employment, considering that standard of living; or
• is caring for a child whose circumstances make it appropriate for that parent not to work outside the home.

Marital misconduct is not part of the analysis. Maintenance is about need and ability to pay, not about who caused the divorce.

Step 2: How much?

If the threshold is met, the court looks at a list of factors, including:

• each spouse’s financial resources, including the property awarded in the divorce;
• the standard of living during the marriage, and how much of it was funded by debt;
• how long the marriage lasted, and any career opportunities one spouse gave up to support the family;
• the time and training the requesting spouse needs to become self-supporting;
• each spouse’s age and health;
• the paying spouse’s ability to meet their own needs while paying; and
• each spouse’s need to prepare for retirement.

In practice, the case usually comes down to two budgets: what each spouse reasonably needs each month, and what income is realistically available. Judges look at “reasonable needs,” not simply what someone spends, and they look closely at whether claimed income or expenses are accurate.

Step 3: How long? The 2024 presumptions

This is where the law changed most. Minnesota now uses two types of maintenance:

• Transitional maintenance lasts for a set period, to help a spouse become self-supporting. (This used to be called “temporary” maintenance.)
• Indefinite maintenance has no end date, but it can be modified later. (This used to be called “permanent” maintenance.)

The statute now sets presumptions based on the length of the marriage, measured from the wedding to the date the divorce was started:

• Less than 5 years: it is presumed that no maintenance will be awarded.
• 5 to 20 years: if maintenance is appropriate, it is presumed to be transitional and to last no longer than half the length of the marriage.
• 20 years or more: if maintenance is appropriate, it is presumed to be indefinite.

These are rebuttable presumptions. A spouse can present evidence that a different result is fair, for example because of a serious health condition.

Changing maintenance later

Unless the parties agree otherwise, maintenance can be modified if there is a substantial change in circumstances, such as a significant change in income or need, that makes the existing order unreasonable and unfair. A change can generally be made retroactive only to the date the motion was served, so waiting can be costly.

The 2024 changes also address retirement. When a paying spouse retires at full Social Security retirement age (or the customary retirement age in their field), the retirement is not presumed to be in bad faith, and the court may reduce, suspend or end maintenance. A motion can even be brought before the retirement date.

Unless the decree says otherwise, maintenance ends when either spouse dies or when the receiving spouse remarries.

Agreements and waivers

Spouses can settle maintenance on their own terms, including a lump-sum buyout or an agreement that maintenance can never be modified (often called a “Karon waiver”). These agreements have strict requirements, and a waiver that is not drafted correctly may not hold up. Life insurance to secure a maintenance award, and the tax treatment of payments, are also worth planning for. For divorces finalized after 2018, maintenance is generally no longer deductible by the payor or taxable to the recipient for federal tax purposes.

Talk to an attorney

Whether you expect to pay or receive maintenance, the details of your budget, income and marriage history matter. Call (612) 548-4453 or schedule a free consultation by phone, Zoom or in person.

This article is general information about Minnesota law, not legal advice for your situation. Reading it does not create an attorney-client relationship.