In Minnesota, when can a claim for alimony be made?

Either spouse may ask for alimony during or after a divorce or legal separation.

According to Minnesota law, a court may order one spouse to pay alimony if the spouse seeking alimony:

• Lacks sufficient property to maintain a reasonable standard of living during marriage, or
• Does not have the means to support himself or herself.
• Courts may ask one or more of the following questions to determine if spousal maintenance may be appropriate:
• Is one spouse going to be significantly better off financially than the other? The other spouse will not be able to meet reasonable needs based on the marital standard of living?”
• The two key threshold questions are the need for and the ability to provide spousal support by one party.

What if a couple agrees to alimony?

Couples may disagree about the need for or amount and duration of spousal support during a divorce.

The agreement, however, can become part of a court order if the couple reaches an agreement.  Court orders are typically found in divorce decrees.

• A judge will likely make an order if both the maintenance agreement and settlement look reasonable. There is alimony when the spouse lacks sufficient property, including marital property divided in the divorce, to meet the reasonable needs of the spouse and maintain the marital standard of living, or
• The custodial parent cannot support the child through employment or the child’s condition makes it inappropriate for the custodial parent to work after divorce. (Minn. Stat. Ann. § 518.552 (1) (2018).)

The law on spousal maintenance is gender-neutral, which means either spouse can request it.

The factors that determine alimony

The judge will evaluate the following factors once he or she is satisfied that one spouse meets the grounds for maintenance:

• Resources of the requesting spouse, including marital assets, and ability to meet needs independently
• Taking into account the supported spouse’s age, skills, and education, the time it will take for the spouse to gain sufficient education or training to find employment, and the likelihood of finding a job
• Living standards for married couples
• In addition to the length of the marriage and if one spouse stayed home to care for children or the home, the length of time the supported spouse was absent from employment, and whether education, skills, or the lack of access to the market permanently diminished earning capacity
• As a result of the marriage, the supported spouse loses earnings, seniority, retirement benefits, or other employment benefits
• Age, physical condition, and emotional state of the requesting spouse
• Maintaining financial independence while paying spousal maintenance;
• Contributions to the marriage, such as acquiring property, being a homemaker, or promoting the employment or business of the other spouse. (Minn. Stat. Ann. § 518.552 (2) (2018).)

There is no formula for judges to use when setting alimony in Minnesota-unlike child support, which is calculated specifically. Maintenance awards are determined at the discretion of judges.

Types of Alimony Awards

Minnesota courts may order temporary, short-term, or long-term maintenance.

If one spouse is in need of financial assistance during the divorce process, then temporary alimony is appropriate. (Minn. Stat. Ann. § 518.62 (2018).) When the judge finalizes the divorce, regardless of whether a new, post-divorce award is issued, temporary support ends.

Minnesota judges award short-term support most often. Supported spouses can become self-supporting in most cases, but need time to acquire skills and education to find employment. A spouse who is finishing school or needs additional income due to the fact the spouse has to accept an entry-level job after the divorce may be entitled to short-term maintenance payments. Additionally, short-term alimony may be beneficial to spouses awaiting the sale of marital property, such as a house or business.

The judge specifies the end date for short-term maintenance. After maintenance ends, the supported spouse can apply to the court for an extension of support.

Increasingly rare, long-term maintenance can still be appropriate in divorces where a lower-earning spouse will never be able to support herself or himself. It may be ordered that a spouse receives permanent support if they are physically disabled and cannot work, or if they are older and out of the job market for a long time. A long-term support payment isn’t always permanent, and if circumstances change in the future, the paying spouse can request a review of the support. (Minn. Stat. Ann. § 518.552 (3) (2018).)

Modifying Alimony

The two of you can agree, in writing, that neither of you will ask the court to review the support order in the future. The court may, however, modify spousal maintenance absent an agreement if the requesting spouse shows that their circumstances have significantly changed since the last order. (Minn. Stat. Ann. § 518A.39 (2) (a-b) (2018).)

In 2016, Minnesota passed the Cohabitation Alimony Reform Bill, which makes it easier for a paying spouse to modify maintenance if the supported spouse is living with a new partner (cohabiting). After the initial support order, the paying spouse must wait at least 12 months before asking for a review based on cohabitation. The court can reduce, suspend, or terminate maintenance if it determines that the supported spouse is cohabiting and that an alimony modification is appropriate.

The following will be considered by the court:

• If the recipient avoids marriage solely to continue receiving support, but would marry the cohabitant
• Cohabitation benefits the supported spouse
• Cohabitation duration and the likelihood of future cohabitation
• If the court modifies support, what impact will it have on the recipient? (Minn. Stat. Ann. § 518.552 (6) (2018).)

You can ask the court to enforce the court-ordered maintenance if you don’t need a review of the original alimony order.