How Much Should Spousal Maintenance Be in a Minnesota Divorce?

Determining the amount of spousal maintenance involves a detailed analysis of specific factors outlined in Subdivision 2 of Section 518.552. Courts must make thorough findings on each relevant factor to decide an amount and duration that is just, whether transitional or indefinite, without regard to marital misconduct.

Factors Considered by the Court

The court considers all relevant factors, including but not limited to:

1. Financial resources of the party seeking maintenance: This includes marital property apportioned to them and their ability to meet needs independently, factoring in any child support provisions for children living with the party as custodian.
2. Time needed for education or training: How long it will take for the party seeking maintenance to acquire sufficient education or training to find appropriate employment, considering their age and skills.
3. Standard of living during the marriage: Including the extent to which that standard was funded by debt.
4. Duration of the marriage and sacrifices made: Earnings, seniority, benefits, and employment opportunities forgone by the spouse seeking maintenance to support the other spouse or children, length of absence from employment, and whether skills or experience have become outdated or earning capacity diminished.
5. Age and health: Physical, mental, or chemical health of both spouses.
6. Ability of the payor spouse: The ability of the spouse from whom maintenance is sought to meet their own needs while also meeting those of the spouse seeking maintenance.
7. Contribution to the other spouse’s employment or business: Any contributions made by one spouse to further the other’s career or business.
8. Retirement considerations: The need and ability of each spouse to prepare for retirement and the anticipated time of retirement.

Minnesota Statute 518.552, Subdivision 2

Understanding the Standard of Living

• Maintenance should not be limited to the bare necessities of life.
• The purpose of maintenance is to allow both parties to maintain a standard of living approximating the marital standard, as equitably as possible under the circumstances.
• Courts must make findings on the parties’ reasonable monthly needs considering the marital standard of living.
• The statute refers to “reasonable needs,” not actual expenses. Fixed expenses should be verified, while discretionary expenses can be estimated based on historical spending, ensuring spending is supported by income rather than debt.
• In high-income cases, parties often employ experts to develop a budget.
• Courts have been criticized for applying double standards to each party’s reasonable needs, so fairness is essential.

Ability of the Payor to Pay

• Courts consider the payor’s ability to meet their own needs while supporting the other spouse.
• Historical income is reviewed to detect if the payor is intentionally limiting income to reduce maintenance obligations.

Earning Capacity of the Dependent Spouse

• Not all employment is considered “appropriate” based on factors like age, length of marriage, and lifestyle.
• Courts have ruled that a spouse capable of full-time work but choosing not to may not qualify for maintenance.
• Earning capacity must be considered, especially if the spouse has educational background but limited work history during the marriage.
• Vocational evaluations can be challenged if no physical or mental impediment to employment exists.

Assets Available to the Spouse Seeking Maintenance

• Post-divorce gifts, inheritances, and other payments can be considered, though how they affect maintenance is not specifically directed by the courts.
• Investment income of the dependent spouse must be considered; substantial investment income can reduce or eliminate maintenance.
• Before 2024, courts generally did not require spouses to consume principal assets to meet monthly needs.
• Recent 2024 statutory changes may require recipient spouses to consume both marital and possibly non-marital assets to cover monthly needs.

Spousal maintenance amounts in Minnesota are carefully tailored to the unique circumstances of each case, balancing financial resources, earning capacity, and the standard of living established during the marriage.