Usually not. In Minnesota, spousal maintenance must generally be awarded or reserved in the divorce decree. If the decree reserved the issue, you can ask the court later. If maintenance was awarded, either party can ask to modify it by showing a substantial change that makes the existing terms unreasonable and unfair.
Alimony, also known as spousal support or spousal maintenance, is a payment made by one spouse to the other spouse after a divorce. Alimony is awarded to provide financial assistance to a spouse who earns significantly less and needs support. However, many people wonder if they can ask for alimony after their divorce is already finalized.
Alimony is usually determined during the divorce proceedings. So, can you request alimony after your divorce is completed in Minnesota? Let’s take a closer look at what the law says regarding alimony after a divorce has been finalized.
When is Alimony Typically Awarded in Minnesota?
In Minnesota, either spouse can request alimony during the divorce process. The court may order one spouse to pay alimony to the other if the receiving spouse lacks sufficient property and assets to maintain their standard of living during the marriage and is unable to be self-supporting through employment.
Several factors are considered by the court when awarding alimony, including:
- Resources of each spouse and their ability to meet needs independently
- Time needed for the supported spouse to gain education or training to find employment
- Age, physical, and emotional health of each spouse
- Standard of living during the marriage
- Length of the marriage
- Contributions as a homemaker or to the other spouse’s career
Based on these factors, the court decides whether alimony should be awarded. The court also determines the amount and duration of alimony payments in the divorce decree.
Since August 1, 2024, Minnesota law describes maintenance awards as transitional or indefinite (Minn. Stat. 518.552, subd. 3). Temporary maintenance can also be ordered while the case is pending.
Temporary maintenance is paid while the divorce is pending. Transitional maintenance is time-limited; for marriages of 5 to 20 years it is presumed to last no longer than half the length of the marriage. Indefinite maintenance has no set end date and is presumed for marriages of 20 years or more when maintenance is warranted. For marriages under 5 years, the presumption is no maintenance.
So, generally, alimony is determined and ordered as part of the original divorce decree in Minnesota. But what if you didn’t request alimony during your initial divorce case?
Can You Ask for Alimony After Your Divorce is Final?
In most cases, you cannot request alimony after your divorce judgment has been entered in Minnesota. Once the divorce is completed and the court has issued final orders, decisions regarding alimony and property division are usually considered binding.
There are limited exceptions where a spouse may be able to revisit the issue of alimony after a divorce is finalized:
The Divorce Decree Allowed for Future Alimony
If your divorce decree specifically gave the court jurisdiction to award alimony in the future, you may be able to request alimony even after the divorce is final. This type of provision is not common but can be included if there is uncertainty about a spouse’s future ability to be self-supporting.
Changed Circumstances
Minnesota law allows for modifications of prior alimony orders if a substantial change renders the existing order unreasonable. To seek an alimony modification after divorce, you must prove:
- A substantial change in circumstances has occurred since the divorce decree
- The change makes the current order unreasonable
- The change involves income, need, or tax law, as the statute lists (Minn. Stat. 518.552, subd. 5b)
Examples of changed circumstances could include a job loss, disability, or major illness of one spouse. You must file a motion with the court to modify alimony after a divorce. The court will review the change in circumstances and determine if modifying the original alimony order is justified.
The Divorce Decree Was Silent on Alimony
If your divorce decree did not award maintenance and did not reserve it, Minnesota courts generally cannot award it later, because there is no existing award to modify. Parties can restore the court’s authority only by a binding agreement (Minn. Stat. 518.552, subd. 5).
This can be difficult to prove if many years have passed. The court will consider factors like whether a spouse could work and become self-supporting at the time of the divorce.
Overall, seeking alimony after a divorce has been finalized is challenging in Minnesota. Your best option is to raise the issue of alimony and fully litigate it during your initial divorce case before the final decree.
How Does Cohabitation Impact Alimony in Minnesota?
Many states, including Minnesota, have passed laws that allow alimony to be modified or terminated if the receiving spouse begins cohabiting with a new partner after divorce.
Since 2016, Minnesota law has let a court modify maintenance when the person receiving it lives with another adult after the divorce. The court can reduce, suspend, reserve or end maintenance (Minn. Stat. 518.552, subd. 6).
A motion based on cohabitation generally cannot be brought within one year after the decree that ordered maintenance, unless the parties agreed in writing or the court allows it. The court considers:
- Whether your ex-spouse would marry the partner but for the maintenance award
- The economic benefit your ex-spouse gets from living together
- How long the cohabitation has lasted and is likely to last, and the economic impact if maintenance changes and the cohabitation ends
If you meet these burdens of proof, the court has the discretion to decrease or terminate alimony obligations. This prevents a supported spouse from avoiding marriage to continue receiving alimony.
How Can Martine Law Help With Alimony in Minnesota?
The experienced divorce and family law attorneys at Martine Law can help advise and represent you on all aspects of alimony in Minnesota, including:
- Determining if you may qualify for alimony during divorce
- Negotiating a favorable alimony settlement
- Drafting alimony provisions in your divorce decree
- Modifying alimony after substantial changes in circumstances
- Ending alimony due to your ex-spouse’s cohabitation
We will thoroughly evaluate your situation and provide strategic guidance tailored to your specific needs. Our goal is a fair, workable result that limits future disputes.
Don’t navigate this complex process alone. Contact us today to schedule a $50 consultation with our Director of Client Engagement. Full refund if you’re not satisfied, for any reason.
This page states Minnesota law and is for general information, not legal advice.
Call (612) 979-1305 to schedule a $50 consultation with our Director of Client Engagement. Full refund if you’re not satisfied, for any reason. Phones and chat are answered 24/7, with AI covering when no staff is free.
Frequently asked questions
Can I get spousal maintenance years after my divorce in Minnesota?
Only in limited situations, mainly if your decree reserved maintenance. If the decree did not award or reserve it, it generally cannot be added later.
What does it mean to reserve spousal maintenance?
The decree keeps the court’s authority to award maintenance in the future. It is often used when a spouse’s future ability to support themselves is uncertain.
Can maintenance be changed after the divorce?
Yes, if maintenance was awarded and not locked in by a valid agreement. The court can modify it based on a substantial change in income, need or tax law that makes the existing terms unreasonable and unfair.
Does living with a new partner end maintenance?
Not automatically. The paying spouse can ask the court to reduce, suspend, reserve or end maintenance based on cohabitation, generally after one year from the decree.
