Couple's Hand Holding Currency Over The Divorce Agreement

Divorce can be a devastating and uncertain process, and the financial aspect is no exception. One important aspect of divorce in Minnesota is spousal maintenance, commonly known as alimony or spousal support. This financial support helps ensure that a lower-earning or non-working spouse can maintain a reasonable standard of living that they enjoyed during their marriage.

As of August 2024, significant changes have been made to Minnesota's spousal maintenance laws that affect how maintenance is determined and for how long it is paid. Understanding these changes can help you navigate this challenging time. If you have questions or need assistance, don’t hesitate to reach out to Mundahl Law for guidance tailored to your situation.

What Is Spousal Maintenance?

Spousal maintenance is financial support paid from one spouse to another after a divorce. It aims to help the lower-earning or non-earning spouse meet their financial needs. However, it’s important to know that spousal maintenance isn’t automatically granted. The court must assess whether it is necessary based on the circumstances of each case.

What Are the Key Changes to Minnesota’s Spousal Maintenance Law?

The updates to Minnesota Statute 518.552, effective August 2024, bring clarity and structure to how spousal maintenance is awarded. Here are the key changes you should be aware of:

How Have the Names for Spousal Maintenance Changed?

The language used for spousal maintenance in Minnesota has been updated to make it easier to understand. Previously, we referred to maintenance as temporary and permanent, which often left people confused. Many would ask, “What does permanent maintenance actually mean?” To clarify this, the new law now uses the terms transitional and indefinite maintenance.

These changes keep the same two types of support but give them more straightforward names. Transitional maintenance now replaces what was once called temporary maintenance, which some people also refer to as rehabilitative support. This change helps clarify the meaning of temporary spousal support.

On the other hand, what used to be known as permanent maintenance is now called indefinite maintenance. This update aims to make discussions about spousal support clearer. While the term “temporary maintenance” will still be used during the divorce process, it won’t appear in any final orders. Overall, these label changes are designed to improve understanding of spousal maintenance in Minnesota.

How Long Will Spousal Maintenance Be Paid?

One of the most significant changes is the introduction of a rebuttable presumption regarding the duration of spousal maintenance. This means that the court starts with specific guidelines for how long maintenance should last, while still considering individual circumstances.

The new guidelines state:

  • For marriages lasting 5 years or less, the presumption is that no spousal maintenance will be awarded.
  • For marriages lasting 5 to 20 years, spousal maintenance is generally awarded for half the length of the marriage. For example, if a couple was married for 12 years, maintenance is presumed to only last for up to 6 years.
  • For marriages lasting more than 20 years, maintenance is presumed to be awarded indefinitely—meaning it could continue until there’s a significant change in circumstances.

These guidelines provide both parties with clearer expectations about spousal maintenance duration. However, it’s crucial to remember that the court can adjust these time frames based on the specifics of the case.

Is Spousal Maintenance Just About Income Differences?

A common misconception is that spousal maintenance is meant to equalize incomes between spouses after divorce. However, the primary question is whether the spouse requesting maintenance has sufficient means to support themselves according to the marital standard of living. If a spouse can cover their own financial needs without support, maintenance may not be granted, regardless of income differences. The focus is on whether financial help is truly necessary, based on the unique circumstances of the situation.

What Factors Does the Court Consider?

Once the court determines that a spouse has shown a need for support, it will consider several factors to decide the amount and duration of spousal maintenance. The updated law now includes additional factors that the court must consider, such as:

  • The financial resources available to the spouse requesting maintenance.
  • The standard of living enjoyed during the marriage.
  • The length of the marriage.
  • The age, physical condition, mental and chemical health of both spouses.
  • The contributions each spouse made to the marriage, including caring for children or supporting the other’s career.

Under the recent changes, courts will now take into account the age, physical, mental, and chemical health of both spouses. The prior phrase “emotional health” was removed, to be replaced with mental and chemical health. The gravity of this revision cannot be understated, as chemical dependency (including alcohol) is a frequent factor contributing to marital problems and, in many cases, divorce.

Another notable change is that the courts will also assess whether the marital lifestyle was funded by debt. If a couple lived beyond their means during the marriage, this will now be a consideration in determining spousal maintenance. The court will also consider any sacrifices made by a spouse regarding their career or opportunities to support the family.

These updates aim to ensure that the court takes a more holistic view of the financial dynamics within the marriage, recognizing the sacrifices each spouse made.

What Happens If You Cannot Support Yourself After Divorce?

If you cannot support yourself after a divorce, you may qualify for spousal maintenance. The court will evaluate your ability to earn an income and whether that income will meet your reasonable needs.
This doesn’t mean that you must immediately return to work, especially if you’ve been out of the workforce for a long time.

However, the court will look at your potential to re-enter the job market and any other sources of income you might have, including assets from the divorce. It’s important to present a clear picture of your financial situation to the court to support your claim for maintenance.

Can Spousal Maintenance Be Modified Later?

Yes, spousal maintenance can be modified if there’s a significant change in circumstances after the court’s initial decision. For example, if the spouse receiving support becomes self-sufficient or if the paying spouse encounters financial setbacks, either one can ask the court to review and potentially adjust the arrangement.

Recent changes to Minnesota’s spousal maintenance laws now offer more clarity for spouses who plan to retire. The new rules outline key factors that courts will look at when deciding whether to modify or end spousal maintenance due to retirement. These include whether the retirement is genuine (as opposed to a way to reduce income on purpose), if the retiring spouse has reached full retirement age for Social Security or the typical retirement age in their line of work, how responsibly both parties have handled their finances since the divorce, and the financial resources both sides have available.

A helpful update in the law is that the paying spouse can request a modification before actually retiring, as long as they specify the planned retirement date in their request. And, as long as the obligor is retiring at or near the standard retirement age (around 67 for Social Security or typical for their job), the law assumes this retirement is in good faith. This gives courts more guidance to fairly assess whether an obligor’s retirement is reasonable and to adjust the spousal maintenance accordingly.

How Can Mundahl Law Help You?

Navigating the complexities of Minnesota’s spousal maintenance laws can feel overwhelming, especially with the recent changes. Whether you are seeking spousal maintenance or are concerned about your obligations to pay, understanding the new rules is crucial for your peace of mind.

The experienced legal team at Mundahl Law can provide the guidance and support you need. We’ll help you understand your rights and options under the new spousal maintenance laws, ensuring that you are well-prepared for what lies ahead.

As you navigate the emotional challenges of divorce, consider exploring The Emotional Divorce: How Your Divorce Can Be a Path to Self-Discovery and a Happier Life by Susan Mundahl. With over 36 years of experience as a family law attorney, Susan offers invaluable insights into understanding and processing your emotions. This book provides practical steps for personal growth, empowering you to turn this difficult time into an opportunity for self-discovery. Her compassionate approach can help you move forward with greater clarity and purpose as you rebuild your life after divorce.

If you have questions about the changes to Minnesota spousal maintenance laws or need help navigating the divorce process, call Mundahl Law at 763-575-7930 or click schedule a consultation to speak with our Client Advocate. You can also use our online contact form to get the support you deserve during this transitional time.