Introduction
Spousal maintenance — commonly known as alimony — can be one of the most emotionally and financially contentious parts of a divorce. In Minnesota, there is no strict formula to calculate spousal maintenance like there is for child support. Instead, courts evaluate several factors to decide if maintenance is appropriate, how much should be paid, and for how long.
Whether you’re seeking support or being asked to pay, understanding how spousal maintenance is calculated can help you prepare and protect your financial future. At Martine Law, we help clients navigate these complex issues with clarity and confidence.
What Is Spousal Maintenance?
Spousal maintenance is a court-ordered payment from one spouse to another after a divorce. It’s designed to help the lower-earning or non-working spouse maintain a reasonable standard of living, especially if there’s a significant income disparity or the marriage lasted many years.
In Minnesota, spousal maintenance may be:
- Temporary: To support a spouse while they gain job skills or complete education
- Short-term: To help the spouse transition into financial independence
- Permanent: In long marriages or when the spouse cannot become self-supporting due to age, health, or other reasons
Legal Basis for Spousal Maintenance in Minnesota
The Minnesota spousal maintenance law is outlined in Minnesota Statute § 518.552. According to the law, a court may grant maintenance if:
- The spouse lacks sufficient property to provide for their reasonable needs, or
- The spouse is unable to support themselves through employment, or has custody of a child that makes employment inappropriate
Factors Courts Consider When Awarding Maintenance
Because there’s no fixed formula, judges use a case-by-case analysis based on the following factors:
1. Financial Resources of Each Spouse
- Income from employment, investments, or property
- Distribution of marital and non-marital assets
- Child support or other obligations
2. Standard of Living During the Marriage
The court looks at the lifestyle maintained during the marriage and aims to prevent a sharp decline in living standards for the spouse seeking support.
3. Length of the Marriage
Longer marriages often lead to higher or longer-lasting maintenance. A 20-year marriage is far more likely to result in permanent maintenance than a short-term marriage.
4. Age, Physical Condition, and Emotional Health
Courts consider whether the spouse seeking support is capable of finding gainful employment due to age, illness, or disability.
5. Education and Job Skills
If the spouse has limited work experience or outdated skills, the court may award temporary maintenance while they pursue training or education.
6. Contributions to the Marriage
Non-financial contributions — like raising children or supporting a spouse’s education — also factor in. The court values homemaking and caregiving roles just as much as income generation.
7. Time Needed to Become Self-Supporting
If a spouse needs to go back to school or get professional training, the court may award maintenance for the duration of that process.
Duration of Spousal Maintenance
There’s no one-size-fits-all rule, but generally:
- Short-term marriages may result in temporary maintenance
- Long-term marriages may lead to longer or even permanent support
Courts may also reserve jurisdiction, meaning they can modify or extend maintenance later if circumstances change.
How the Amount Is Calculated
Unlike child support, there’s no calculator for spousal maintenance in Minnesota. The court balances:
- The needs of the recipient
- The ability of the other spouse to pay
The goal is to create a fair, reasonable amount — enough to support the lower-earning spouse, without impoverishing the paying spouse.
While there’s no set formula, many attorneys and judges use a rough range of 30% to 40% of the paying spouse’s net income, minus the receiving spouse’s income — but this is not legally binding and only used as a starting point.
Can Spousal Maintenance Be Modified?
Yes. Spousal maintenance orders can be modified later if either spouse experiences a significant change in circumstances, such as:
- Job loss
- Illness or disability
- Retirement
- Remarriage of the recipient (which often terminates maintenance)
You’ll need to petition the court for a modification and prove the change is substantial and ongoing.
Tax Implications of Spousal Maintenance
As of 2019, spousal maintenance is no longer tax-deductible for the paying spouse, and the recipient doesn’t have to report it as income. This federal change has affected how settlements are negotiated.
Can Spouses Agree on Their Own Terms?
Yes. Couples can negotiate spousal maintenance outside of court through:
- Marital Settlement Agreements
- Mediation or Collaborative Divorce
However, the agreement must be:
- Fair and reasonable
- Approved by a judge
- Clearly outline amount, duration, and any modification conditions
Having an attorney draft or review the agreement ensures it’s legally enforceable.
What If a Spouse Refuses to Pay?
If your ex refuses to follow the court’s maintenance order, you can file a motion to enforce it. This may result in:
- Wage garnishment
- Bank levies
- Contempt of court charges
Our team at Martine Law can help enforce or defend against non-payment claims, depending on your situation.
Why You Need a Divorce Lawyer
Spousal maintenance disputes can quickly escalate, especially when there’s a large income gap or long history of financial dependence. Having the right lawyer ensures:
- You don’t agree to less than you deserve
- You don’t get stuck with unfair obligations
- You understand your rights and options clearly
Martine Law provides skilled negotiation, financial analysis, and courtroom representation for clients in complex maintenance cases.
Final Thoughts
Spousal maintenance in Minnesota is a highly nuanced issue with no fixed formula. The outcome depends on the specifics of your marriage, your financial history, and your future prospects. Whether you’re requesting support or defending against it, proper legal advice is critical.
Let Martine Law help you protect your rights, your income, and your peace of mind during and after divorce.