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Minnesota’s family law statutes underwent significant revisions effective August 1, 2024, introducing changes to spousal maintenance awards.

Spousal maintenance, also referred to as alimony or spousal support, has long been a contentious issue in divorce cases. Historically, Minnesota’s laws provided limited guidance on spousal maintenance awards, giving judges broad discretion and resulting in inconsistent outcomes across the state. The new legislation retains the criteria for determining whether spousal maintenance is appropriate but adds detailed guidelines for calculating the amount and duration of awards.

Updated Terminology

The updated legislation replaces outdated terms with clearer terminology:

  • Indefinite Maintenance: Previously referred to as “permanent spousal maintenance,” it ends upon the recipient’s death, remarriage (unless otherwise agreed), or a future court order.
  • Transitional Maintenance: Previously called “temporary spousal maintenance,” this applies to support for a defined period, often for rehabilitative purposes.
  • Temporary Maintenance: Retains its prior meaning as maintenance awarded during preliminary proceedings.

This updated terminology aims to eliminate confusion and create greater consistency in court orders.

Calculating Spousal Maintenance Awards

The new law modifies how courts calculate spousal maintenance, focusing on realistic financial expectations post-divorce. While courts still consider the marital standard of living, they must now account for whether that lifestyle was supported by unsustainable debt, such as loans or credit cards. This change ensures that high standards of living financed by debt do not lead to unfair expectations for spousal maintenance.

Creating an accurate “marital standard of living budget” is now a critical aspect of divorce proceedings. Both parties must present a reasonable and precise budget to support their case for or against a maintenance award.

Additionally, the new legislation removes the contentious term “through appropriate employment” from the statute. Previously, this phrase sparked debates over what constituted “appropriate employment.” Employment remains a consideration but is now part of a broader evaluation of “all relevant circumstances,” including the recipient’s resources and potential childcare costs if returning to work.

Retirement and Spousal Maintenance

A significant addition to the statute addresses spousal maintenance and retirement. The law defines a reasonable retirement age as the age for full Social Security benefits and requires all available resources to be used for retirement needs. This prevents maintenance recipients from preserving divorce assets for heirs instead of meeting their reasonable needs.

The law also allows parties to file for a modification of spousal maintenance before retirement, creating a smoother and more predictable process. This provision reduces the risk of modification requests being denied after retirement.

Duration of Maintenance

The new statute introduces specific presumptions for the duration of spousal maintenance based on the length of the marriage:

  • Marriage under 5 years: Presumption of no maintenance.
  • Marriage between 5–20 years: Presumption of transitional maintenance for up to half the marriage’s length, if factors support it.
  • Marriage over 20 years: Presumption of indefinite maintenance, if factors support it.

These guidelines will likely influence when parties choose to file for divorce, as the timing could significantly affect maintenance outcomes.

The updated spousal maintenance statutes aim to provide clearer expectations and equitable outcomes for divorcing parties, addressing long-standing challenges in Minnesota family law cases.