How does alimony work in Minnesota?

Minnesota spousal maintenance is governed by Minn. Stat. § 518.552 and was substantially updated by 2024 Minnesota HF 4119, effective August 1, 2024.

1. Two-Step Eligibility — § 518.552, subd. 1

The court may grant maintenance only if the spouse seeking it:

Lacks sufficient property, including marital property, to provide for reasonable needs considering the standard of living during marriage; OR

Is unable to provide adequate self-support through appropriate employment, considering the marriage standard of living, or is the custodian of a child whose condition makes employment outside the home inappropriate.

2. The Three Forms — § 518.552, subd. 3

Temporary maintenance — paid during pending divorce

Rehabilitative maintenance — limited duration to enable self-support through education/training

Permanent maintenance — indefinite

3. New 2024 Duration Presumptions — § 518.552, subd. 3a (Effective Aug. 1, 2024)

The 2024 amendments created presumptions based on marriage length:

Marriages under 5 years: presumption against awarding maintenance

Marriages 5 to 20 years: presumption that maintenance is rehabilitative, with a duration of approximately half the length of the marriage

Marriages 20 years or longer: presumption that maintenance may be awarded indefinitely (permanent)

These presumptions may be overcome by the statutory factors.

4. Statutory Factors — § 518.552, subd. 2

Financial resources of party seeking maintenance, including marital property apportioned and ability to meet needs independently

Time necessary to acquire sufficient education/training

Standard of living during the marriage

Duration of the marriage and, in the case of a homemaker, length of absence from employment and extent to which education, skills, or experience have become outmoded and earning capacity has become permanently diminished

Loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking maintenance

Age, physical, and emotional condition

Ability of the spouse from whom maintenance is sought to meet own needs while meeting those of the spouse seeking maintenance

Contribution of each party in the acquisition, preservation, depreciation, or appreciation of marital property, as well as contribution as a homemaker

5. Marital Misconduct EXCLUDED

Minnesota explicitly states that maintenance shall be ordered without regard to marital misconduct (§ 518.552, subd. 2). Adultery and other fault are NOT factors.

6. Modification — § 518A.39

Modifiable on a showing of substantial change rendering the existing terms unreasonable and unfair. Common triggers: 20%+ change in income, change in cost of living, child support termination, retirement.

7. Termination — § 518.64

Death of either party

Remarriage of the recipient

Per decree terms (including cohabitation)

8. Karon Waiver

Parties may agree to a non-modifiable maintenance award ("Karon waiver") under specific procedural requirements (Karon v. Karon, 435 N.W.2d 501 (Minn. 1989)).

This is legal information, not legal advice.