Alimony, or spousal maintenance, can be a complex aspect of divorce proceedings. Understanding how it works in Minnesota can help you navigate this process more smoothly. Here are three crucial things you should know about alimony in the North Star State.
1. Alimony is not guaranteed
In Minnesota, alimony is not automatically granted in every divorce. Either spouse can request spousal maintenance during a divorce or legal separation. Yet, the court does not have a strict formula or calculator to determine the amount or duration of alimony. Instead, judges weigh various factors to decide whether to award alimony, how much to award, and for how long.
Judges consider multiple factors, such as:
- The standard of living established during the marriage
- The length of the marriage
- Each spouse’s age, health, and emotional condition
- Each spouse’s earning capacity and contributions to the marital estate
The law tries to balance the lower-earning spouse’s needs with the higher-earning spouse’s ability to pay. This individualized approach means outcomes can vary from case to case.
2. Types of spousal maintenance
Minnesota law recognizes several types of spousal maintenance. Each type serves a different purpose and duration.
- Temporary spousal maintenance: the court awards it during or after the divorce. It is not meant to be long-term. This type of support helps the spouse gain the education or job skills needed to become self-sufficient.
- Permanent spousal maintenance: provides ongoing financial support. The court grants it when they believe the spouse cannot become self-sufficient due to age, health, or other reasons.
3. Modification and termination
Alimony orders are not set in stone. They can be modified or terminated under certain conditions. For instance, spousal support usually ends if the recipient’s spouse remarries. It can also end if the recipient cohabitates with another adult, subject to specific limitations.
Additionally, either spouse can ask for a change if their situation changes significantly. This could include a change in income, health, or living conditions. The court will then reconsider the original spousal maintenance order.
Understanding these key aspects can make a challenging process more manageable. Consulting with an experienced attorney can help you make informed decisions. Laws can change, and having the most current information is crucial for making informed decisions.
