How Long Should Spousal Maintenance Last in a Minnesota Divorce?

The duration of spousal maintenance is just as important as amount — $3000 a month for 3 months is greatly preferrable to $500 a month for 10 years. The duration to be ordered is governed by Subdivision 3 of Section 518.552 and depends on several key factors.

Types of Maintenance: Transitional vs. Indefinite

• Transitional Maintenance:
  This is limited in duration and often called “rehabilitative” maintenance. It is intended to help the dependent spouse become self-supporting within a limited time after the divorce decree. Previously, this was known as “temporary” maintenance.
• Indefinite Maintenance:
  This type is not limited in duration but can be modified. It was formerly called “permanent” maintenance. Indefinite maintenance automatically ends upon the death of either party or the remarriage of the recipient, unless otherwise agreed. It is also subject to modification for significant changes such as retirement.

How the Length of the Marriage Affects Duration

The court determines maintenance duration based on the length of the marriage, defined as the period from the date of marriage to the date the divorce action begins:

• Less than 5 years:
  There is a rebuttable presumption that no maintenance should be awarded.
• 5 to less than 20 years:
  Transitional maintenance is presumed, lasting no longer than half the length of the marriage, if maintenance is warranted.
• 20 years or more:
  Indefinite maintenance is presumed if maintenance is justified.

Deciding Between Transitional and Indefinite Maintenance

The 2024 statutory revisions emphasize the length of the marriage as the primary guide for duration, removing prior language that favored temporary over permanent awards.

• Courts historically considered the likelihood of the dependent spouse becoming self-supporting when choosing between transitional and indefinite maintenance.
• If there is realistic uncertainty about self-support, indefinite maintenance may be warranted.
• Transitional maintenance addresses uncertainty about when self-support will be achieved, while indefinite maintenance addresses uncertainty about whether self-support will ever be achieved.

Expectations for Employment Efforts

• Recipients of transitional maintenance typically have an affirmative duty to increase their income.
• This duty generally does not apply to recipients of indefinite maintenance unless explicitly ordered by the court.

Presumptions on Duration (Post-2024 Statutory Changes)

• Under 5 years: No maintenance presumed.
• 5 to 20 years: Maintenance for no more than half the length of the marriage.
• Over 20 years: Likely indefinite maintenance.

Hybrid Maintenance Awards

Some courts and parties create hybrid awards combining features of transitional and indefinite maintenance, such as:

• Temporary or permanent awards with a rehabilitation obligation and court review if assumptions change.
• Step reductions after retraining periods to incentivize employment.
• Temporary awards with a reservation for future review.
• Permanent awards with a de novo review after a set term.

Termination of Maintenance

Maintenance obligations, whether transitional or indefinite, generally terminate upon the death of either party or the remarriage of the recipient, unless otherwise agreed in writing or specified in the decree.

Understanding the duration of spousal maintenance in Minnesota requires careful consideration of marriage length, the recipient’s ability to become self-supporting, and evolving statutory guidelines that provide clearer presumptions for courts and parties.