Important: This article is intended to provide general information and is not legal advice. The facts of every legal matter are different, and the law itself can change. For advice about your specific legal question or situation, Minnesota Lawyer Referral recommends consulting with a licensed Minnesota attorney who can apply current Minnesota law to the facts of your case.

Spousal maintenance, also commonly referred to as alimony, is a legal obligation to provide financial support to a spouse or former spouse after a separation or a divorce.

The purpose of spousal maintenance is to mitigate the economic impact of divorce on the lower-earning spouse, ensuring that they can maintain a standard of living comparable to that enjoyed during the marriage.

One Spouse May Be at an Earnings Disadvantage

Although there are marriages in which both couples work full-time, earn comparable wages and maintain virtual income parity, this is often the exception rather than the rule. In some households, the wife takes more time off to have and raise children, or a lower-earning father might quit work or only work part-time to be a stay-at-home dad. Even in households where both spouses work, one may earn less and be unable to afford the same lifestyle or quality of life without significant spousal maintenance.

Spousal maintenance can serve several purposes and is not meant to be punitive. It can allow the lower-earning or non-earning spouse to adjust to a post-divorce standard of living that is comparable to the quality of life they had during the marriage. It can also give the lower-earning or non-earning spouse time to gain education or training to re-enter the workforce or be able to afford a comparable lifestyle while continuing to serve as the primary caregiver for the children.

Living situations can vary significantly from couple to couple, and it is important that the spousal maintenance solution makes sense for the people involved.

Types of Spousal Maintenance

There are several types of spousal maintenance, each serving a specific purpose based on the circumstances of the divorcing couple:

• Temporary Maintenance: Also known as "pendente lite" support, this type is awarded during the divorce proceedings. It helps the lower-earning spouse manage their living expenses until the final divorce decree is issued.
• Rehabilitative Maintenance: This is the most common type of spousal maintenance and is awarded for a specific period. The goal is to allow the recipient spouse time to gain the education, training or work experience necessary to become self-sufficient.
  
• Permanent Maintenance: Although less common today for a host of reasons, including increased workforce participation, statutory reforms and changing social norms, permanent spousal maintenance may still be awarded in long-term marriages. It is usually reserved for situations where one spouse is unlikely to become self-sufficient due to age, illness or the length of time they were out of the workforce.
• Lump-Sum Maintenance: Instead of periodic payments, one spouse may agree to pay the other a lump sum, either in cash or through property transfer. This arrangement can simplify the financial relationship post-divorce.

Factors Influencing Spousal Maintenance

Courts consider several factors when determining whether to award spousal maintenance and the amount and duration of the payments:

• Length of Marriage: Longer marriages are more likely to result in spousal maintenance awards. Generally, the longer the marriage, the longer the duration of the spousal maintenance.
• Income and Earning Capacity: The Court examines the current and potential future earnings of both spouses. This includes assessing the education, skills, work experience and the time needed for the recipient spouse to find suitable employment.
• Standard of Living: The standard of living established during the marriage is a crucial factor. Courts strive to make sure that the lower-earning spouse can maintain a lifestyle reasonably comparable to that enjoyed during the marriage.
• Age and Health: The age and health of both spouses play a significant role. If the recipient spouse is elderly or has health issues that impede their ability to work, they are more likely to receive spousal maintenance.
• Contributions to Marriage: Non-monetary contributions, such as homemaking, child-rearing and supporting the other spouse’s career, are also considered. The Court acknowledges that these contributions have economic value.

Modifying and Terminating Spousal Maintenance

Spousal maintenance orders, even temporary ones, are not set in stone and can be modified or terminated under certain conditions. Significant changes in either spouse's financial situation, such as job loss, disability or a substantial increase in income, can justify the modification of a spousal maintenance order.

Additionally, if the recipient spouse remarries or cohabitates with another person, the paying spouse can request termination or reduction of spousal maintenance. Once the rehabilitative period ends and the recipient spouse achieves self-sufficiency, the spousal maintenance payments typically cease.

Spousal Maintenance vs. Child Support

While both spousal maintenance and child support provide financial assistance, they serve different purposes. Child support is intended to cover the needs of children from the marriage, such as education, healthcare and general living expenses.

In contrast, spousal maintenance is specifically for the support of the former spouse.

Do You Need Help Negotiating or Modifying Spousal Support in a Divorce or Separation?

If you are dealing with spousal maintenance issues, or any other family law matters in the Minneapolis–St. Paul area, Minnesota Lawyer Referral can connect you with experienced family law attorneys who can provide guidance and support.



Contact one of our referral counselors to schedule your consultation or give us a call at (612) 752-6699.