How Long Will I Have to Pay Spousal Maintenance?

Spousal maintenance, often called alimony, is one of the most stressful topics in a divorce. Whether you’re concerned about paying it or receiving it, the uncertainty can be overwhelming. One of the biggest questions we hear is, “How long will I have to pay spousal maintenance?” The answer isn’t a simple one, as Minnesota law doesn’t use a rigid formula. Instead, the duration depends on several unique factors in your case.

Here’s a quick overview of what you need to know:

• Factors Influencing Duration: The length of your marriage is a major factor, along with the receiving spouse’s ability to become self-sufficient.
• Types of Maintenance: Payments can be temporary, for a set period, or permanent, with no defined end date.
• Modification Possibilities: Life changes, like a job loss or retirement, can be grounds to modify maintenance payments.
• Termination Conditions: Payments typically end upon the death of either party, the remarriage of the recipient, or other conditions specified in your decree.

At Atticus Family Law, we’re here to provide clarity and help you better understand this complex issue.

What Affects the Length of Spousal Maintenance?

Unlike child support, there’s no calculator for spousal maintenance in Minnesota. A judge considers several factors to determine if maintenance is appropriate and for how long. The primary goal is to help the lower-earning spouse maintain a standard of living similar to what was established during the marriage, while also considering their ability to become self-supporting.

Key factors include:

• Length of the Marriage: Longer marriages are more likely to result in longer, or even permanent, maintenance awards.
• Financial Need vs. Ability to Pay: The court balances the recipient’s reasonable monthly needs against the paying spouse’s ability to contribute after meeting their own needs.
• Age and Health: The age and physical and emotional health of both spouses are considered.
• Training and Education: If one spouse needs time and resources for education or training to re-enter the workforce, the court may award temporary maintenance to cover that period.
• Contributions to the Marriage: The court recognizes the contributions of a spouse who was a homemaker and supported the other’s career.

Can I Modify My Payments?

Life doesn’t stand still after a divorce. A common question is, “Can I modify my payments if my circumstances change?” Yes, in many cases, you can. Minnesota law allows for the modification of spousal maintenance if there has been a “substantial change in circumstances” that makes the original order unreasonable and unfair. Such changes could include:

• A significant decrease or increase in either party’s income.
• Retirement.
• A serious illness or disability.

It’s important to note that your divorce decree can specify whether the maintenance is “non-modifiable,” so it’s crucial to understand these terms from the start.

When Do Payments End?

Spousal maintenance payments do not last forever. Under Minnesota law, maintenance obligations automatically terminate under specific conditions:

• The death of either the payer or the recipient.
• The remarriage of the person receiving maintenance.
• A specific end date outlined in the divorce decree (for temporary maintenance).

Your decree might also include other conditions for termination, such as the recipient cohabitating with a new partner.

Your Advocate for a Fair Resolution

Navigating spousal maintenance is a complex and often emotional process. Having an experienced attorney is essential to protect your financial future. At Atticus Family Law, we take the time to understand your unique situation, gather the necessary facts, and build a strong case on your behalf. We aim to negotiate a fair agreement that allows you to move forward with peace of mind.

If you have questions about spousal maintenance, schedule a consultation with our team. We’re here to provide the legal guidance and compassionate support you deserve.