Spousal Maintenance in Minnesota

February 10, 2017  |  Elizabeth A. Schading

Going through a divorce is never easy for a family. The spousal support laws vary from state to state and can be extremely confusing. Thankfully, you can rely on your family law attorney to be a valuable resource in navigating these complex issues.
What are the spousal support laws in Minnesota?
Minnesota courts have the power to order one spouse to pay alimony to the other (also referred to as spousal maintenance.)
Often, the spouse who earns less money annually will make a request for spousal support from the higher earning spouse. This ensures that they can each maintain a reasonable standard of living to which they have become accustomed. Other reasons to request spousal support include the inability of one spouse to work due to giving full time care to a child that possesses a high level of need. This demonstrated need can be medical, physical, or mental.
Minnesota courts can decide on three different kinds of spousal support:
Temporary support. In this case, the support is paid by one spouse to the other during divorce proceedings. The income of both spouses is taken into account.
Short-term support. This type of support helps one spouse achieve job training or continued education, with the intention that they will be able to earn more money after said training.  This is called rehabilitative spousal maintenance.
Long-term or permanent support. This kind of support is usually mandated in situations where one spouse does not have the ability to support themselves or if the marriage lasted a significant amount of time (twenty or more years and considering the age and work/education experience of the spouse requesting the support).
Spousal Maintenance is always based on one party’s needs versus the other party’s ability to pay, after analysis of all the other factors.
The best way to find out what kind of spousal support would work well in your situation is to sit down with your family law attorney. They will be able to walk you through Minnesota’s spousal support laws and make recommendations that will benefit you.
Call BGS Attorneys at Law today: (763) 780-8500