Expert Support in Spousal Maintenance Cases
Spousal maintenance, often referred to as alimony, is one of the most challenging and emotionally charged aspects of divorce. Unlike child support, which follows a defined formula, spousal maintenance is based on various factors, making outcomes less predictable. With Minnesota’s updated spousal maintenance laws effective August 1, 2024, courts now follow clearer guidelines to provide more consistency in maintenance awards.
Our experienced Minnesota spousal maintenance attorneys can help you navigate these changes and advocate for your financial future. Call (763) 783-5146 to schedule a consultation with Barna, Guzy & Steffen.
Understanding Spousal Maintenance
Spousal maintenance is designed to support a financially disadvantaged spouse during or after a divorce. Courts assess the requesting spouse’s financial need and the payer spouse’s ability to pay. While judges still have discretion, the revised laws introduce presumptions that help determine award duration and type.
Purpose of Spousal Maintenance
Spousal maintenance helps the recipient maintain a standard of living similar to that enjoyed during the marriage. It can be awarded as:
- Transitional Maintenance: Supports the recipient while they adjust to post-divorce life or acquire education and job skills.
- Indefinite Maintenance: Applies when the recipient is unlikely to achieve self-sufficiency due to age, health, or other factors.
Determining Need and Ability to Pay
The court assesses two primary factors when awarding spousal maintenance:
- The requesting spouse’s need: A reasonable budget is created based on the marital standard of living.
- The payer spouse’s ability to pay: The court evaluates the payer’s income and financial obligations to determine if they can support the recipient while covering their own expenses.
Key Changes in Minnesota’s Spousal Maintenance Laws
Presumptions for Award Duration
The 2024 law revisions introduced presumptive durations based on marriage length:
- Less than 5 years: Presumption against awarding maintenance.
- 5 to 19 years: Presumption for transitional maintenance lasting no more than half the marriage length.
- 20 years or more: Presumption for indefinite maintenance.
These presumptions can be rebutted with evidence showing that a different outcome is appropriate.
Transitional vs. Indefinite Maintenance
The terms “temporary” and “permanent” maintenance have been replaced with “transitional” and “indefinite” maintenance, reflecting a more flexible approach to spousal support.
Modification of Awards
Maintenance remains modifiable based on substantial changes in circumstances, including:
- Significant income changes.
- Changes in financial need.
- Cohabitation by the recipient spouse with another adult, which may serve as grounds for modification.
Factors Influencing Spousal Maintenance
Courts evaluate several factors when determining spousal maintenance, including:
- The financial resources of the requesting spouse.
- Time needed for education or training to achieve suitable employment.
- The standard of living established during the marriage.
- Marriage length and contributions as a homemaker.
- Loss of income or retirement benefits due to marital responsibilities.
- The age, physical, and emotional condition of the requesting spouse.
- The ability of the payer spouse to meet their own financial needs while providing support.
Navigating the New Laws
Minnesota’s spousal maintenance updates aim to increase predictability and fairness. However, the law remains complex, and judges retain broad discretion.
Our skilled Minnesota spousal maintenance attorneys can help:
- Analyze your financial situation to determine a fair resolution.
- Interpret how the presumptions apply to your case.
- Negotiate or litigate for a favorable outcome.
If you’re facing a divorce involving spousal maintenance, we’ll guide you through these legal changes to protect your financial interests.
Frequently Asked Questions
What is spousal maintenance?
Spousal maintenance, or alimony, is financial support paid by one spouse to the other during or after divorce to help maintain a standard of living similar to that established during marriage.
How is spousal maintenance different from child support?
Unlike child support, which follows a strict formula, spousal maintenance is discretionary and based on multiple factors, making outcomes case-specific.
What changes were made to Minnesota’s spousal maintenance laws in 2024?
The August 1, 2024 changes introduced clearer presumptions for maintenance duration based on marriage length:
- Less than 5 years: Presumption against awarding maintenance.
- 5–19 years: Presumption for transitional maintenance lasting up to half the marriage length.
- 20+ years: Presumption for indefinite maintenance.
How is the amount of spousal maintenance determined?
Courts evaluate:
- The recipient’s financial need.
- The payer’s ability to pay.
- The marriage duration.
- Each spouse’s financial contributions and sacrifices.
Are spousal maintenance payments taxable?
No. Under current federal tax laws, spousal maintenance is not taxable to the recipient and not tax-deductible for the payer.
Can spousal maintenance be modified?
Yes. Modifications may be granted due to significant income changes, financial need changes, or cohabitation by the recipient.
What happens if my spouse cohabitates with someone else?
Cohabitation may serve as grounds for modification or termination if it significantly changes the recipient’s financial situation.
How long will I have to pay spousal maintenance?
Duration depends on marriage length and financial circumstances:
- Less than 5 years: Presumption against maintenance.
- 5–19 years: Transitional maintenance lasting up to half the marriage length.
- 20+ years: Indefinite maintenance, barring evidence to the contrary.
What if my spouse is intentionally underemployed?
If the court finds a spouse is underemployed or unemployed without valid justification, it may impute income—assigning an income level based on their earning capacity.
How can an attorney help with spousal maintenance?
An experienced attorney can:
- Evaluate your financial situation.
- Gather evidence to support your position.
- Negotiate or litigate to protect your interests.
- Help you navigate Minnesota’s updated spousal maintenance laws.
Contact Barna, Guzy & Steffen Today
If you have concerns about spousal maintenance, our experienced attorneys can help. Call (763) 783-5146 today to schedule a consultation with a trusted Minnesota spousal maintenance lawyer at Barna, Guzy & Steffen.