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Minnesota Alimony
Maintenance

Minnesota alimony is awarded when, considering the standard of living attained during the marriage, a spouse cannot provide for his or her reasonable needs, or is unable to provide adequate self-support through appropriate employment, or is the custodian of a child whose condition or circumstances make it appropriate that the custodian remain at home.

In determining the amount and duration of alimony or spousal support, a Minnesota Court considers the sacrifices the homemaker has made in terms of earnings, employment, experience, and opportunities.

Alimony influences the distribution of property, and it can become important in a divorce settlement. When spouses are unable to reach an agreement on this issue, the County Court can order support on a case-by-case basis.

Types of Alimony

Minnesota courts may order temporary, short- and long-term alimony. Temporary alimony is granted at the discretion of the court during the divorce proceedings and before the final decree. Short-term alimony may be granted to allow the receiving party time to gain necessary skills. Long-Term, or permanent, maintenance may be granted to a spouse who has significant needs, and is usually reserved for lengthy marriages.

Factors Considered by the Court

In Minnesota, alimony is discretionary. According to Minnesota Statutes - Chapters: 518.551, 518.552,the court awards support on a temporary or permanent basis, as the court deems just, without considering marital misconduct, and after considering the following economic factors:

  • the financial resources of the party who desires maintenance;
  • the training to enable the party seeking maintenance to find appropriate employment, and the probability, given the party’s age and skills, of completing education or training and becoming fully or partially self-supporting;
  • the standard of living established while married;
  • the length of the marriage;
  • the loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking spousal maintenance;
  • the age, and health condition of the spouse who desires maintenance;
  • the ability of the spouse from whom maintenance is sought to meet needs while meeting those of the spouse seeking maintenance; and
  • the contribution of each party in the acquisition of the marital assets.

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