How Long Will Spousal Maintenance Last in Minnesota?

In August 2024, Minnesota fundamentally changed how courts determine spousal maintenance duration, replacing judicial discretion with mathematical formulas that transform marriage length into predictable support timelines.

The Revolutionary 2024 Framework

Minnesota Statutes § 518.552, subdivision 3 now provides clear durational guidelines that remove much of the uncertainty that previously surrounded spousal maintenance awards. For divorcing couples, this means that the length of your marriage—calculated “from the date of the marriage until the date of the commencement of the action”—now largely determines how long support will last.

The new framework establishes three distinct categories with specific presumptions:

Marriages Under Five Years: There is “a rebuttably presumed that no maintenance should be awarded” for marriages lasting less than five years. This presumption reflects the legislative judgment that shorter marriages typically don’t create the economic interdependence or career sacrifices that justify ongoing support obligations.

Medium-Length Marriages (5-19 Years): For marriages lasting “at least five years and less than 20 years,” courts must presume “that transitional maintenance should be awarded with a duration of no longer than one-half the length of the marriage.” This means a 10-year marriage would typically result in no more than five years of maintenance, while an 18-year marriage might support up to nine years of transitional support.

Long-Term Marriages (20+ Years): When marriages last “20 years or more,” courts must presume “that indefinite maintenance should be awarded.” This recognizes that longer marriages typically involve more significant career sacrifices and economic integration that may be impossible to unwind within a fixed timeframe.

Understanding “Rebuttable Presumptions”

The word “presumed” is crucial in this framework. These are rebuttable presumptions, meaning they represent starting points rather than absolute rules. Courts can deviate from these guidelines when the specific facts of a case justify different treatment, but the party seeking deviation bears the burden of proving why the presumption shouldn’t apply.

For a couple divorcing after four years of marriage, the receiving spouse would need to present compelling evidence of unusual circumstances—perhaps significant career sacrifices, health issues, or other factors—to overcome the presumption against maintenance. For a 15-year marriage, the paying spouse might argue that the receiving spouse’s strong earning capacity or minimal career sacrifices justify shorter duration than the presumed seven-and-a-half years.

The Terminology Transformation

The 2024 changes also modernized maintenance terminology. “An award of temporary maintenance issued before August 1, 2024, is deemed transitional maintenance. An award of permanent maintenance issued before August 1, 2024, is deemed indefinite maintenance.” This linguistic shift reflects a more nuanced understanding of spousal support.

Transitional maintenance acknowledges that support often serves as a bridge—helping receiving spouses rebuild earning capacity, complete education, or adjust to post-divorce financial reality. The term suggests a process of change rather than permanent dependency.

Indefinite maintenance replaces “permanent” maintenance with language that better reflects reality. Even indefinite awards can be modified or terminated based on changed circumstances, making “indefinite” more accurate than “permanent” for describing ongoing support obligations.

Marriage Length Calculation: Precision Matters

The statute’s definition of marriage length creates bright-line rules that eliminate previous ambiguity. “Length of the marriage” means the period from the date of the marriage until the date of the commencement of the action.” This means that separation periods don’t count toward marriage length—only the time from wedding day to divorce filing matters for duration calculations.

For couples who separated years before filing for divorce, this calculation method can significantly impact maintenance duration. A couple married for 12 years who separated after 8 years but didn’t file for divorce until 4 years later would still be considered to have a 12-year marriage for maintenance purposes, potentially qualifying for up to 6 years of transitional support.

Real-World Applications

Consider three hypothetical couples navigating the new framework:

Sarah and Mike: Married for 3 years before Mike files for divorce. Despite Sarah having left her career to support Mike’s graduate school, the presumption against maintenance in short marriages means Sarah faces an uphill battle to secure any support. She would need to demonstrate exceptional circumstances that justify overcoming the statutory presumption.

Jennifer and David: Married for 12 years before their divorce filing. Under the new framework, Jennifer can expect up to 6 years of transitional maintenance if she qualifies for support under the statutory factors. This predictability helps both parties plan for their post-divorce financial futures, with Jennifer knowing she has a defined period to rebuild her earning capacity and David understanding his support obligations have a clear endpoint.

Linda and Robert: Married for 25 years before filing for divorce. Linda can expect indefinite maintenance if she qualifies under the statutory factors. While this doesn’t guarantee permanent support—circumstances can change—it acknowledges that after 25 years of marriage, the economic integration may be too complex to unwind within a fixed timeframe.

The Interplay with Other Factors

The durational framework operates alongside the traditional factors enumerated in Minnesota Statutes § 518.552, subdivision 2. Courts still must determine whether maintenance is appropriate based on factors like need, ability to pay, standard of living, and earning capacity. The duration provisions only apply “if the factors set forth in subdivision 1 support an award of maintenance.”

This means that even a 25-year marriage doesn’t automatically guarantee indefinite maintenance if the receiving spouse has substantial independent income or the paying spouse lacks the ability to pay. The duration framework provides the timeline once courts determine that maintenance is appropriate, but it doesn’t override the fundamental requirement that maintenance be both needed and affordable.

Implications for Settlement Negotiations

The new framework significantly impacts divorce negotiations by providing predictable baselines for maintenance discussions. Couples can now approach settlement with clearer expectations about likely court outcomes, potentially reducing litigation over duration issues.

For paying spouses, the framework provides certainty about maximum potential obligations in medium-length marriages, while receiving spouses gain security knowing that longer marriages carry presumptions for extended or indefinite support. This predictability can facilitate more efficient settlement negotiations focused on amount rather than duration disputes.

The Evolution of Minnesota Maintenance Law

The 2024 changes represent a significant shift from Minnesota’s historical approach, which granted courts broad discretion over maintenance duration. While this discretion allowed for individualized justice, it also created uncertainty and inconsistency that made divorce planning difficult for couples and attorneys alike.

The new framework reflects a legislative judgment that predictability and consistency serve divorcing families better than pure judicial discretion. By creating clear presumptions tied to marriage length, Minnesota has joined other states in providing more structured approaches to spousal maintenance duration while preserving judicial flexibility through the rebuttable presumption mechanism.

For couples navigating divorce under the new system, understanding these durational guidelines provides crucial context for both litigation strategy and settlement negotiations, helping both parties approach their post-divorce financial planning with greater certainty about likely support timelines.

📚 Citations

• Minnesota Statutes § 518.552, subd. 3 (2025) (establishing durational presumptions for spousal maintenance based on marriage length and defining transitional versus indefinite maintenance)
• Minnesota Statutes § 518.552, subd. 2 (2025) (setting forth factors courts must consider when determining whether spousal maintenance is appropriate)

*The identities of these parties and facts of their matter were publicly published and thus not confidential. While the case holding and statutory references are accurate, creative liberty has been imposed for the emotional portrayal of the parties.