Spousal maintenance is one of the most misunderstood parts of Minnesota divorce. What you think you know from television or a friend’s experience might be completely wrong for your situation. Here are a few costly mistakes people make about this type of support in Minnesota.
Mistake #1: Expecting support
Minnesota does not automatically award spousal maintenance. The court must find that you lack sufficient financial resources to meet your reasonable needs and cannot support yourself through appropriate employment. Being a stay-at-home parent doesn’t guarantee alimony. Courts look at your education, work history and ability to become self-supporting.
Alimony is not a punishment for the higher-earning spouse or a reward for the lower-earning one. It is a needs-based determination focused on financial fairness and the recipient’s ability to maintain a reasonable standard of living.
That said, if you signed a prenuptial or postnuptial agreement with enforceable alimony provisions, those terms will likely dictate outcomes instead of the standard court analysis.
Mistake #2: Assuming it never ends
Most maintenance orders will have an end date. Permanent or indefinite alimony is increasingly rare in Minnesota. Generally, it is considered only in cases when parties were married at least 20 years. Most spousal maintenance is temporary or rehabilitative, designed to help the recipient become self-supporting within a specific timeframe.
The length of marriage plays a significant role in determining the duration of support. In general, if you were married for more than five years but fewer than 20, court-ordered maintenance may last for about half as long as you were married.
Mistake #3: Ignoring income changes after divorce
Changed circumstances can modify alimony amounts or duration. If the recipient gets a substantial raise, new job or inheritance, the payor can request a reduction or termination. The person seeking the change must prove a substantial change in circumstances occurred.
On the flip side, if the payor loses their job or becomes disabled, they can request a reduction. However, voluntarily quitting or taking a lower-paying job to avoid payments will not work. Courts can impute income based on earning capacity.
Too often, people oversimplify alimony in Minnesota. Understanding these common mistakes helps you approach your case with realistic expectations rather than costly assumptions.