Am I Going to Have to Pay Spousal Maintenance in My Minnesota Divorce?

One of the first questions in a Minnesota divorce regarding spousal maintenance is whether it is warranted at all.

What is Spousal Maintenance in Minnesota?

Maintenance is defined as “an award made in a dissolution or legal separation proceeding of payments from the future income or earnings of one spouse for the support and maintenance of the other.” (Minn. Stat. § 518.003, subd. 3a).

The key considerations are: What is the need? And what is the ability of the other spouse to meet that need?

The governing statute for spousal maintenance is Minn. Stat. § 518.552.

When Can the Court Grant Spousal Maintenance?

The threshold requirements are set forth in subdivision 1 of the statute. The court may grant a maintenance order for either spouse if it finds that the spouse seeking maintenance:

• (a) Lacks sufficient property, including marital property apportioned to them, to provide for their reasonable needs considering the standard of living established during the marriage, especially, but not limited to, a period of training or education; or
• (b) Is unable to provide adequate self-support, after considering the standard of living established during the marriage and all relevant circumstances, through appropriate employment; or
• (c) Is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.

Minn. Stat. § 518.552, Subdivision 1.

Understanding the Statute’s Subjective Nature

Note the subjective nature of the statute’s language: the claimant must lack sufficient property to meet reasonable needs or be unable to provide adequate self-support through appropriate employment.

This means the factual questions for each case include:

• Can your soon-to-be ex-spouse meet their reasonable needs through the divorce property award?
• Can they meet those needs through appropriate employment?
• And what exactly are their reasonable needs?

Spousal maintenance decisions in Minnesota hinge on these nuanced considerations, balancing need and ability within the context of the marriage’s standard of living.